Mizanur Rahman v. The State of Assam

ORDER Date : 20.09.2024

Heard Mr. Z. Hussain, learned counsel for the accused-petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor for the State.

¶2By this petition filed under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, the petitioner, namely, Mizanur Rahman, has prayed for granting bail in connection with Sessions Case No. 146/2023 (arising out of Mankachar P.S. Case No. 397/2023) registered under Section 212 IPC r/w Section 14 A (b) of Foreigners Act, 1946 and r/w Section 3(3) of Passport (Entry into India) Act, 1920.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is an Indian national though he was booked for the offence under Section 14(A) of Foreigners Act, 1946. It is further submitted that the petitioner was arrested purely on suspicion, without any material evidence to establish a connection with the Bangladeshi citizen. It is also submitted that the petitioner is an Indian citizen and if the police or competent authority has doubts regarding his citizenship, the matter should be referred to the appropriate tribunal for determination of his citizenship status. Till date, only one witness has been examined in this case. Considering the length of detention and background of the case, the petitioner may be enlarged on bail.

¶4On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State has submitted that out of seven witnesses, only one witness has been examined in this case. However, the learned trial court may be directed to expedite the trial.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the trial court record.

¶6It appears that the accused/petitioner was booked for the offence Page No.# 3/3 under Section 14(A) of Foreigner Act, 1946 and only one witness has been examined till date. Regarding nationality of the petitioner; whether Indian or Bangladeshi, the petitioner may approach before the appropriate forum.

¶7On consideration of the matter in its entirety, this Court is not inclined to grant of bail to the accused/petitioner, at this stage. Therefore, prayer for bail is rejected. However, trial court is directed to expedite the trial.

¶8The bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010153312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2262/2024 MIZANUR RAHMAN S/O SONAB ALI, R/O VILL- BHURAKATA, P.S.-MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR A K DAS,MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI