IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.921 OF 2008. APPLICATION NO.921 OF 2008. APPLICATION NO.921 OF 2008. Mrs. Bibi Zahara Mirai. ..Applicant. versus The State of Maharashtra & Ors. ..Respondents. .... Mr.R. Sathyanarayanan, for the Applicant. Mrs.P.P.Shinde, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 29TH AUGUST,2008. : 29TH AUGUST,2008. : 29TH AUGUST,2008. P.C. 1. Heard the learned Counsel appearing for the parties. The offence alleged against the Applicant is under section 14(1) of the Foreigners Act, 1946 and section 7(3)(iii) of the Foreigner’s Order, 1948. An application was made by the Applicant under section 239 of the Code of Criminal Procedure, 1973, which was rejected by the learned Trial Judge. 2. The learned Trial Judge rightly found that there was prima-facie material on record to show that there was over-stay by the Applicant-Accused in India after the expiry of the period provided in the Visa. The submission in this application is based on subsequent orders of the Authorities. This submission will have to be considered at appropriate stage when evidence is adduced. - 2 - 3. No case is made out for interference at this stage. The Application is rejected. All contentions on merits are kept open. 4. Considering the facts of the case, the trial is expedited. The Trial Court will endeavour to conclude the trial as expeditiously as possible within a period of six months from the date on which an authenticated copy of this order is produced. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]