Full Judgment Text
Crl.A. No. 199 of 2011 @ SLP(Crl) 9703 of 2010
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 199 OF 2011
[ARISING OUT OF SLP (CRL.) NO. 9703 OF 2010]
SOHEL AHAMMED MONDAL ...... APPELLANT
VERSUS
STATE OF WEST BENGAL ...... RESPONDENT
[WITH CRIMINAL MISCELLANEOUS PEITTION NO. 389 OF 2011 –
APPLICATION FOR AD INTERIM BAIL]
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the
parties.
3. We see from the order of the High Court which
has been impugned before us, that the appellant had
applied for bail for an offence punishable under
Section 14 of the Foreigners Act. A prayer had been
made by the State counsel for an adjournment in order
to verify the genuineness or otherwise of the documents
that had been filed along with the bail application.
Instead of granting this prayer, which was opposed by
the counsel for the appellant and also instead of
hearing or adjourning the matter, the Bench dismissed
the application on a consideration of the materials
collected during the police investigation. We find
Crl.A. No. 199 of 2011 @ SLP(Crl) 9703 of 2010
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that in the facts of the case, it would be appropriate
that the matter be remanded to the High Court for
decision afresh. We, accordingly, allow this appeal,
th
set aside the order dated 26 July, 2010, which has
been impugned, and remit the case to the High Court.
We clarify that nothing said herein would be a
reflection on the merits of the controversy.
...... ..................J
[HARJIT SINGH BEDI]
........................J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
JANUARY 18, 2011.