TITLE: Mohammad Rahim Ashori v State of Haryana
Decided On-: 04.07.2023
CRM-M-22276-2023
CORAM: Hon’ble Justice Mr. Manoj Bajaj
INTRODUCTION- Through this petition under Section 439 of the Criminal Procedure Code, the petitioners seek regular bail while the case is pending in FIR No. 540 from August 12, 2021, which was filed in accordance with Sections 7 and 14 of the Foreigners Act of 1946 and Sections 12 (1A) of the Passports Act of 1967.
FACTS OF THE CASE-
Short facts of the prosecution case are that on 12.08.2021, SI Suresh Kumar, Ct. Parveen Kumar, Ct. Mahipal, and Ct. Manish were present in the area of Bakhtawar Chowk in Sector 39, Gurugram, for the purpose of crime checking and patrolling duty.He learned secretly that Manish, the proprietor of the Sawaram Cafe, is living with some foreigners, including Mohammad Rahim Ashori, son of Adena Mohammad, of Takhar, Chyap, in Kabul, Afghanistan; Hameedullah Salari, son of Nakib; and Abdul Basir, son of Abdul Jalil of village Aftal, city Badakhshan Tehrakulam, Afghanistan; in the home of Prem Lata, wife A raiding party was organised on the basis of confidential information, and a raid was carried out at the Swaram Cafe to find out more about the aforementioned individuals.Mohammad, a resident of Takhar, Chyap, Kabul, Afghanistan, and accused applicant Hameedullah Salari were discovered together, and
The request was made for their passports and visas. Further investigation revealed that the accused applicant, Hameedullah Salari, was residing there without a passport or visa that was currently valid. It served as the foundation for registering the current case.
COURT ANALYSIS AND DECISION
Expert legal representation for the petitioners has argued that although they have lived in India for a considerable amount of time, the petitioners are actually citizens of Afghanistan and have only been accused of overstaying their welcome because their passports and visas have run out. The petitioners, who have been in custody for about two years and eleven months, can receive a sentence of up to five years for the alleged crimes, according to the learned counsel. He asserts that although charges were filed on May 29, 2023, only two of the prosecution’s nine witnesses have been questioned thus far, and the trial will take a significant amount of time to complete. Prays for bail
On the other hand, learned State attorney with ASI’s assistance in his response, Sanjay Kumar cites an affidavit from Abhimanyu Lohan, HPS, Assistant Commissioner of Police, Sadar Gurugram, who states that the petitioners’ respective visas expired on July 7, 2016, February 5, and October 10, 2018, respectively, and that they were discovered to be residing in India without a valid passport and visa.The petitioners are being tried for overstaying in India after their passport and visa had expired, according to the court, which finds that there is no evidence that they were engaging in any illegal activity or committing a crime.
Petition allowed, bail granted.
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Written by– Steffi Desousa
