[COVID-19] 'Non-residents Cannot Be Enlarged On Bail At This Stage', Calcutta HC Dismisses Bail Plea By Bangladeshi National[Read Order]
Live LawThe Calcutta High Court on Thursday denied bail to a Bangladeshi national, who has been in custody for 270 days, arrested under section 411 and 414, IPC for 'receiving' and 'concealing' stolen property. On behalf of the applicant it was urged that he is a Bangladeshi national 'but that should not stand in the way of granting bail", that "he has been in custody for 270 days", and that "the stolen articles have been recovered and copy of seizure list emailed". The applicant's counsel placed Reliance on a judgement of 24th July, 2014 of a Division Bench of the Court in Swapna Akhter v. State of West Bengal, where a Bangladeshi citizen, a housewife aged around 25 years, having entered India on a valid passport and Visa but failed to leave the country prior to the expiry of her Visa and therefore, found in breach of the provisions of the Foreigners Act, was granted bail. Rejecting the bail application, the Single Bench expressed, "The applicant since not resident in the State as being a Bangladeshi national, cannot be considered for grant of bail at this stage"