In Khadija Noor vs. The State of Bihar (2025), on March 3, 2025, Justice Chandra Shekhar Jha of Patna High Court set aside and quashed qua condition imposed as above qua local bailors through order dated October 18, 2022 by Additional Sessions Judge XII, Sitamarhi. The criminal miscellaneous application was filed for quashing of one of the condition of bail, as imposed through order dated October 18, 2022, arising out of a case registered for the offences under Section 467, 468, 471, 420, 34 of the IPC and 14 of Foreigners Act, 2004.
The trial court had imposed a condition that “both the bailors" should be local resident of Sitamarhi”. The petitioner admittedly a Pakistani citizen and, has been in custody since October 8, 2022, even after granting the bail for want of local bailors.
Y.C. Verma, senior counsel for the petitioner submitted that the petitioner entered into the territory of India to solemnize her marriage with one Sayed Hyder, a resident of Hyderabad, Andhra Pradesh. While entering in the Indian territory through Indo-Nepal border, she was apprehended and booked under provisions of law. He submitted that Sayed Hyder who is proposed “groom” of petitioner is ready to stand as a bailor for the petitioner and his one brother or other close family members are also ready to stand as another bailor for petitioner, who are also the resident of Hyderabad and are Indian citizen but due to above condition they are not in position to stand as bailors for petitioner. He submitted that certain fundamental rights are even available to foreign citizens and even after granting bail keeping petitioner in jail since last more than 2 years is amounting to violation of her fundamental rights just in want of local bailors. It was pointed out that it is a classical case of territorial and geographical biasness when a citizen of this country residing in Hyderabad is ready to stand as sureties and bailors for this petitioner.
In support of his submission, the senior counsel took shelter of para no. 33 of the legal report of Supreme Court as available through Moti Ram vs. State of Madhya Pradesh reported in (1978) 4SCC 47. He relied upon legal report of Supreme Court as available through Girish Gandhi Vs State of Uttar Pradesh and Ors. reported in (2024) 8 SCR 561 where he mainly relied upon para 24 and 26 of the case.
The petitioner after granting bail remained in custody for more than 2 years in want of “local bailors” despite of the availability of bailors from other parts of this country trial court/ concerned court is directed to release the petitioner on bail where one of the bailor shall be Sayed Hyder frim Hyderabad, Andhra Pradesh and the other bailor shall be the brother of Sayed Hyder in terms of para 11 of the petition, with following conditions:-
(i) Both the bailors are directed to surrender their passport in original before the learned trial court, if they had or to make statement on affidavit that they are not the holder of the Indian Passport, in case, they don’t have it.
(ii) trial court must be satisfied with the identity of both bailors as aforesaid through their Adhaar Card, PAN Card and also voter card before accepting the bail bond.
(iii) D.G.P. of the State be also informed to direct local SHO to remain vigilant, where petitioner and bailors must report to local police once in a month during pendency of the trial.
(iv) Sayed Hyder, must undertake on affidavit that during pendency of trial, he must keep petitioner with all her dignity, safety and care with him.
(v) Sayed Hyder is directed to ensure the presence of petitioner in the Court as and when required by the court during the pendency of the trial.
(vi) In case of any illness of petitioner and also in case of any unforeseen event, Sayed Hyder must report to local SHO, immediately and also the ld. trial court.
(vii) Considering the fact as petitioner is a Pakistani citizen trial court is directed to conclude the trial at its earliest, preferably within one year.
(viii) If the occasion arises, trial court upon acquittal or conviction, after completion of sentence (subject to any order of appellate court), must take immediate steps, to deport petitioner from country for Pakistan, in accordance with law.
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