Rahima Molla vs Unknown
2021 Latest Caselaw 2513 Cal

26.03.2021 Mithun Sl. No.05.

D/L.

Ct.No.30.

I.A. No: CRAN/2/2020 (Old No.CRAN/241/2020), CRAN/3/2021 in CRA/715/2019

In re: An application for suspension of sentence under Section 389(1) of the Code of Criminal Procedure, 1973 in connection with judgment and order of conviction and sentenced dated 29.07.2019 passed by the learned Chief Judicial Magistrate, Murshidabad arising out of Beldanga Police Station Case No.201 of 2018 dated 31.05.2018 under Section 14 of the Foreigners Act (G.R.Case No.1799 of 2018).

In the matter of : Rahima Molla.

...the appellant.

Mr.Nilendra Narayan Ray, Adv., Mr.Abhinaba Dan, Adv., ... for the appellant.

Mrs.Faria Hossain Adv.

Ms. Abhinaba Dan, Adv., ...for the State.

This is an application for suspension of sentence and bail

filed on behalf of the appellant/petitioner who was convicted and

sentenced to suffer rigorous imprisonment for 1(one) year under

Section 14 of the Foreigners Act and to pay fine of Rs.5,000/-

with default clause in connection with G.R. Case No.1799 of

2018 by the learned Chief Judicial Magistrate, Murshidabad.

It is submitted by Mr.Ray, learned Advocate for the

petitioner that vide order dated 27th January, 2021, this Court

rejected the prayer for suspension of sentence and bail but at

the same time the department was directed to call for lower

court records within a fortnight from the date of the said order

and to take step for preparation of paper book but the

department has not taken any step as yet. This is the ground

for renewal of bail application.

The learned P.P.-in-Charge has raised objection against

the prayer for bail.

Having heard the learned Advocates for the petitioner and

the State and on perusal of the record, I find that the petitioner

was convicted under Section 14 of the Foreigners Act. If the

petitioner is released on bail at this stage and comes out from

the custody of the correctional home, immediately there will be

commission of offence under Section 14 of the Foreigners Act by

the petitioner.

Considering such aspect of the matter, the prayer for bail

is considered and rejected.

However, the Superintendent, Criminal Appeal Section is

directed to bring the record by Special Messenger from the Court

of the learned Judicial Magistrate, Berhampore, Murshidabad

within 10 days from the date of this order and examine the

same and if the same is found correct, paper book be prepared

within 2 weeks thereafter.

The petitioner is directed to deposit the Special Messenger

cost by 5th April, 2021.

(Bibek Chaudhuri, J)