Judgment · High Court
Judgment
This misc. application has been filed by the applicant/writ peti tioner for release on bail of her husband namely, Shri Babul Das, who has been d etained in the Goalpara District Jail since 30.01.2010 till date, after he was d eclared as a foreigner in an order dated 28.1.2010 passed by the learned Foreign ers’ Tribunal, Dibrugarh in F.T Case No. 299/2007 (P.E.91/2002). On challenge o f the aforesaid order of the learned Foreigners’ Tribunal by the applicant/writ petitioner in WP(C) No. 1132/2010, this Court by an order dated 17.2.2010 restra ined the authority from deporting the petitioner’s husband from India. I have heard the learned counsel for the parties on the interim prayer. Having considered the submission advanced by the learned counsel appeari ng for the petitioner as well as the documents available on record , I am of the opinion that it will be in the interest of justice to allow the husband of the applicant/petitioner to remain on bail during the pendency of WP(C ) No. 1132/2 010. The husband of the petitioner has a permanent address to stay at Mission Pa ra, Tinsukia Town, PO and PS Tinsukia, Assam as disclosed in the writ petition a nd he is a familied man settled in an easily identifiable place in the District of Tinsukia. In view of the above, it is provided that pending final disposal of WP(C) No.1132/2010 referred to above, the husband of the applicant/petitioner, Shri Babul Das shall be allowed remain on bail on his executing a PR bond of Rs. 10,000.00 ( Ten thousand) with two local sureties of like amount to the satisfac tion of the Superintendent of Police, Tinsukia on the following conditions :
The two local sureties should be of such persons having l anded property recorded in their names in the District of Tinsukia, Assam.
The husband of the petitioner shall appear before the Tinsukia Poli ce Station as and when required by the Officer- in -charge of Tinsukia Police St ation.
The husband of the petitioner shall not leave the District of Tinsuk ia without the express permission of the Superintendent of Police, Tinsukia.
In case, any of the conditions stipulated above is violated by Shri Babul Das, the husband of the petitioner, this order of bail shall be liable to be cancelled.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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