Recalling that "Bail is rule and jail is exception", the Allahabad High Court on Wednesday released an Iranian student on bail in connection to a criminal case for overstaying his visa.
The High Court observed that in terms of the larger mandate of Article 21 of the Indian Constitution and in accordance with the Supreme Court's verdict in Dataram Singh v. State of UP & Anr., (2018) 3 SCC 22, a case for bail is made out.
A bench of Justice Siddharth has directed that the accused, apprehended from the Maharjpur district in UP, should be released on bail on furnishing a personal bond and two reliable sureties, one of whom will be resident of district Maharajganj with immoveable property in the like heavy amount to the satisfaction of the court concerned.
The applicant Sepher Kaini, a national of Iran who came to India for studies had been apprehended for entering the country on the basis of concocted documents and over staying the period of his visa. He has been booked under Sections 419, 420, 467, 468, 471 of IPC and under Section 14 of the Foreigners Act.
During the hearing, he relied upon a previous order of the Allahabad High Court whereby a Chinese student was released on bail under similar circumstances.
Inter alia the court has ordered that the accused-applicant, through District Legal Services Authority, Maharajganj, will file his application to concerned Passport Office as well as Emigration Office for re-issuance of Passport, i.e. for extension of period of Passport and Visa issued to him and his release from jail will be after such extension is allowed by the authorities concerned.
Further, the Passport will have to be surrendered before the trial court along with address of abode of accused, within the jurisdiction of the Sessions Court, Maharajganj.
Case Title: Sepher Kaini v. State of UP
Case No.: Crl. Misc. BA No. 3629/2020
Quorum: Justice Siddharth
Appearance: Advocate Tahir Husain (for Petitioner); Govt. Advocate OP Misra (for State)
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