Court May Waive Remaining Sentence & Direct Deportation Of Foreign National Upon State's No-Objection: Tripura High Court

  • Tripura High Court, interim custody, custody matters, custody to father, visitation rights, overnight custody, child, interest, Justice T. Amarnath Goud,
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    The Tripura High Court has modified the sentence of a Bangladeshi woman convicted for illegally entering India, restricting her imprisonment to the period already undergone and directing the State authorities to deport her to Bangladesh.

    The Court took a lenient view after noting that the appellant had no criminal antecedents, had pleaded guilty, and that the State Government had no objection to her repatriation.

    Justice Dr. T. Amarnath Goud remarked that: “The remaining period of sentence stands waived. The appellant shall be pushed back to her native country, Bangladesh. All necessary steps be taken by the State respondent to push-back the appellant as per procedure.”

    Background

    The appellant, Mst. Lija, a Bangladeshi national, was apprehended at Ambassa Railway Station on October 6, 2024, along with another woman. During interrogation, they admitted to entering India without valid travel documents, including a passport or visa.

    Following investigation, Lija was charged under Section 336(3) of the BNS and Section 3(3) of the Passport (Entry into India) Act, 1920, and pleaded guilty before the trial court.

    The Tripura High Court noted that the appellant had no criminal antecedents and had already remained in custody from the date of her arrest. The Court also took note of the communication from the State Government stating that it had no objection to her deportation to Bangladesh instead of keeping her in jail to undergo the remaining sentence.

    Considering these circumstances and observing that the offence was a primary offence committed by the appellant, the Court held that a lenient view could be taken. It consequently modified the sentence to the period already undergone, waived the remaining period of imprisonment, and directed the State authorities to take necessary steps for her repatriation to Bangladesh.

    The Court further directed that until she was pushed back to Bangladesh, she would continue to remain in jail custody, but would not be treated as a convict during that period.

    Date of Decision: 21.09.2026

    Case Title :  Mst. Lija v/s The State of TripuraCase Number :  Crl.A (J) No.49 of 2026
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