Punjab & Haryana High Court Grants Regular Bail To Afghan Residents Who Overstayed Visa
Observing that the trial is progressing at a slow pace, the Punjab & Haryana High Court has granted bail to three Afghan residents who overstayed after the expiry of their visas and passports. The accused persons had already been in custody for over two years.“It is not a case that the petitioners were indulging in any illegal activities or commission of crime and they are being...
Observing that the trial is progressing at a slow pace, the Punjab & Haryana High Court has granted bail to three Afghan residents who overstayed after the expiry of their visas and passports. The accused persons had already been in custody for over two years.
“It is not a case that the petitioners were indulging in any illegal activities or commission of crime and they are being prosecuted for over staying in India after expiry of their passport and visa,” said Justice Manoj Bajaj.
The Court was hearing the bail plea of three Afghan residents who were booked under Sections 7 and 14 of the Foreigners Act, 1946, and Section 12 (1A) of the Passports Act, 1967, in Gurugram for overstaying after the expiry of their visas.
According to the prosecution, a secret information was received that three Afghan residents, Rahim Ashori, Hameedullah Salari, and Abdul Basir, were residing without valid visas and passports. During the raid, it was allegedly found that they could not produce valid passports and visas.
Counsel for the petitioners, Advocate Dilwar Hussain, highlighted to the Court that the maximum sentence that can be imposed for the alleged offense is five years, and they had already been in custody for two years and eleven months.
“The charges were framed on 29.05.2023, but till date only two prosecution witnesses have been examined out of total nine witnesses, and the trial will take long time to conclude,” he submitted.
While noting that the case was filed in October, 2021 whereupon charges were framed in May, 2023, the Court said, “the trial is progressing at a slow pace as till date only two prosecution witnesses have been examined.”
Justice Bajaj opined that the conclusion of trial will take a long time, therefore, “further detention of the petitioners behind the bars may not serve any useful purpose.”
Consequently, the Court granted bail to all the accused persons.
Case Title: Mohammad Rahim Ashori and others v. State of Haryana
Citation: 2023 LiveLaw (PH) 123
Appearance: Dilwar Hussain, Advocate for the petitioners.
Sukhdeep Parmar, Sr.DAG, Haryana.