Uttarakhand High Court
Hon'Ble Ashish Naithani vs Unknown on 20 August, 2025
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20.08.2025 CRLR No. 540 of 2024
Hon'ble Ashish Naithani, J.
Mr. D. C. S. Rawat along with Mr. Ajay Joshi,
learned counsel for the revisionist.
2. Mr. Vipul Painuly, learned A.G.A. for the State.
3. This criminal revision under Section 397 read with
Section 401 of the Code of Criminal Procedure is filed by
the revisionists/convict for setting-aside the impugned
judgment and order dated 01.06.2024 passed by learned
Sessions Judge, Champawat in Criminal Appeal No.19 of
2023, titled as "Shunzhen Weng & others vs. State of
Uttarakhand", whereby the Criminal Appeal of the
revisionists has been dismissed, as well as the impugned
judgment and order dated 07.03.2023 passed by learned
Chief Judicial Magistrate, Champawat, in Criminal Case
No.802 of 2019, titled as "State of Uttarakhand vs.
Jinchong Liao & others", whereby the revisionists have
been convicted under Sections 419, 471 read with 465,
120-B of IPC, Section 12(1)(c) read with Section 3 of
Passports Act, 1967 and Section 14(c) of Foreigners Act,
1946.
4. Heard on the Bail Application (IA No.01 of 2024)
5. As per the order dated 01.06.2024 of learned
Sessions Judge, Champawat, the revisionists/applicants
were released on bail under Sections 437A of Cr.P.C.
with the condition that a personal bond of `1,00,000/-
and two sureties of the like amount be furnished as the
said condition could not be fulfilled, therefore, the
revisionists/applicants could not be enlarged on bail.
6. Learned counsel appearing on behalf of the
revisionists makes a statement that in case the Court is of
the view that the conditions of the bail are made out and
the Court imposes certain conditions like that of personal
bond and sureties, it shall be arranged.
7. Learned State counsel, however, opposes the bail
application at the outset that the revisionists/applicants
are Chinese citizens and after their apprehension, even
since inception of their being in India, it was highlighted
that they entered India through Lhasa, Tibet (situated in
China), through Nepal and India; they finally reached
Mumbai somehow by air. After apprehending the
revisionists/applicants on suspicious activities, data was
recovered from their mobile phone that contained
photographs of Directorate of Revenue Intelligence,
Mumbai Zonal Unit issuing them a show cause notice
dated 17.05.2019 under Section 124 of the Customs Act,
1962. The said documents also mentioned a transaction
in crores of rupees including smuggling of gold and
silver and after intervention of Immigration Control
System, their identity was found to be forged and when
their passports were sought, they failed to show their
passports, that are required for a national travelling in
India.
8. Learned State counsel further states that all the
revisionists/applicants named above had forged the
documents and entered India without a valid passport and
went from India to Nepal without passport/exit permit
and an attempt was made to escape by posing as Indian
citizens. Thus, it is said that they could not be enlarged
on bail as their credentials are doubtful.
9. To counter this, learned counsel for the
revisionists/applicants makes a submission that the case
is not so, the revisionists/applicants were holding a valid
passport and their visa had expired and was due for
renewal.
10. In view of above, this Court is of the view that the
grounds for bail are found to be sufficient subject to the
condition that the revisionists/applicants furnish bail
bond with two sureties in the amount of ₹1,00,000/- each
and personal bond of the like amount to the satisfaction
of the Trial Court concerned and also they furnish their
respective documentation that are required for a foreign
national like Chinese for visiting India.
11. Bail Application stands allowed.
12. List this matter on 26.09.2025.
13. The revisionists/applicants may be at liberty to
consult or approach their consulate of their country to
facilitate in the release and to fulfil the condition.
(Ashish Naithani, J.)
20.08.2025
Akash
