Jharkhand High Court
Md. Najmul Hawaldar @ Nazmul Hawaldar @ ... vs The State Of Jharkhand on 7 August, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 341 of 2025
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Md. Najmul Hawaldar @ Nazmul Hawaldar @ Nazmul Hawlader
......Appellant
Versus
1. The State of Jharkhand
2. S.I. Kundan Kant Vimal ......Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Shubham Mishra, Advocate
For the State : Mr. Rajiv Ranjan, A.G
: Ms. Bandana Sinha, A.P.P
Amicus Curiae : Mr. Krishna Shankar, Advocate
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Order No: 03/ Dated: 07.08.2025
Heard learned counsel for the appellant, learned counsel
for the State and learned Amicus Curiae.
2. It reveals that the appellant namely Md. Najmul Hawaldar
@ Nazmul Hawaldar @ Nazmul Hawlader has been convicted
vide judgment of conviction on plead guilt dated 15.06.2024 and
sentence dated 19.06.2024 in S.T No. 101/2024 by Ms. Neeti
Kumar, learned Additional Sessions Judge-I, Rajmahal, Sahibganj
by which the appellant has been convicted for the offence under
Section 14(A)(b) of Foreigners Act and sentenced to undergo R.I
for two (02) years and to pay the fine of Rs. 10,000/- (Rs. Ten
Thousand) and in default of payment of fine, he was further
directed to undergo S.I for fifteen (15) days.
3. Mr. Rajiv Ranjan, learned Advocate General has appeared
and submitted that the appellant has already completed his period
of custody and has pleaded his guilt and was to be sent to the
detention camp, Kolkata and in the meantime, he was kept in the
Central Jail, Hazaribagh for his deportation to Bangladesh but he
has fled away. However, the appellant has again been arrested and
a fresh case has been instituted bearing Lohsingna P.S Case
No. 88/25 dated 09.06.2025 instituted for the offence under
Section 262/3 (5) of B.N.S, 2023 and Section 14 of the Foreigners
Act, 1946 in the Hazaribagh district and charge sheet has also
been submitted against the appellant on 21.07.2025 before the
Civil Courts, Hazaribagh.
4. Learned Advocate General, in this regard, has produced
the photocopy of the letter dated 06.08.2025 sent by S.I Gulam
Sarvar, Officer-in-Charge, Rajmahal addressed to Additional
Public Prosecution Smt. Bandana Sinha, let it be kept on record.
5. Mr. Rajiv Ranjan, learned Advocate General has further
informed that the appellant, who has been convicted, is likely to
be deported to the concerned country i.e. Bangladesh and for
which, there is S.O.P of Ministry of Home Affairs and has further
submitted that he will take necessary instruction and will file
necessary affidavit in the next week.
6. It also appears that two foreigners namely Rina Khan @
Fina Devi and Nipah Akhtar Khushi have also been arrested and
their names have been shown in the Letter dated 09.06.2025
issued by the Superintendent, Loknayak Jaiprakash Narayan,
Central Jail, Hazaribagh addressed to Officer-in-Charge,
Lohsingna Police Station, Hazaribagh.
7. Put up this case on 13th August 2025 as the first case, as
this is a case of illegal arrival of the appellant from Bangladesh.
8. In the meantime, learned counsel for the State may file
necessary affidavit enclosing the copy of S.O.P of Ministry of
Home Affairs and steps to be taken regarding the deportation of
the appellant and others.
9. Let the name of Mr. Rajiv Ranjan, learned Advocate
General be appeared in the daily cause list.
(Sanjay Prasad, J.)
Avinash/
