-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1879/2009 (Kabir Khan Akbar Khan .vrs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 22nd JUNE, 2009 Heard Shri F. Mirza, the learned Counsel for the applicant and Shri Mandpe, the learned A.P.P. for State. The applicant is praying for bail under section 439 of the Code of Criminal Procedure for the offence punishable under Rule 3[a], 6[a] of the Passport (Entry into India) Rule 1950, Clause 3 [a][b] of the Foreigners Order, 1948 read with Section 14 of the Foreigners Act, 1946. He is being prosecuted for the aforesaid offences in the Court of J.M.F.C. Akola. From the perusal of the charge sheet which is placed on record, it does not appear that there is any allegation of prosecution that the applicant belongs to some country other than India. The learned A.P.P. has filed one document on record by which the Additional S.P. Barrackpore, North 24 pgs. has informed that grand father of the applicant and father of the applicant were residing at H/No.45, R/No.7 Kanikinara, Ishaw Sardar -2- Kothi, P.S. Jagaddal. The relevant para reads as under. “In returning herewith the above noted original memo I’am to report that I’ve enquired the matter locally and in course of enquiry it came to light that subject Kabir Khab Akbor Khan [35], s/o. lt. Akra @ Akbor Khan used to reside at H/No.45, R/No.7 Kanikinara, Ishaw Sardar Kothi under P.S. Jagaddal since long. His father Akra @ Akbor Khan [since deceased] was also used to reside here. Father of the subject used to deal in clothes and money lending business.” The learned A.P.P. has stated that the driving licence obtained by the applicant from the relevant R.T.O. is found to be a false as per the above said letter and therefore, the applicant is not entitled for grant of bail. Taking over all view of the matter, I am of the view that as the applicant is ready to furnish the solvent surety from Washim District itself, his application can be allowed, however, subject to the some conditions. The applicant be released on bail on his furnishing solvent surety of Washim district in the sum of Rs.25,000/-, subject to the condition that he shall report Police Station, Ramdaspeth, Akola on each date of hearing of the case. He shall not directly or indirectly tamper with the prosecution evidence and shall keep his residential address informed to the police station officer, Ramdaspeth, Akola. It is made clear that the applicant shall not -3- commit any offence and the Surety shall be in touch with the applicant throughout the trial. Criminal Application is disposed of. Bail in trial Court. JUDGE Rgd