Absence of Videography Alone Not Sufficient For Bail When Custody is Less Than a Year: Delhi High Court Refuses Bail in Commercial Quantity Heroin Use of Permitted Synthetic Colour in Dal Masur Still Constitutes Adulteration: Punjab & Haryana High Court Uphold Conviction Penalty Must Not Result in Civil Death of Professionals: Delhi High Court Reduces Two-Year Suspension of Insolvency Professional, Citing Disproportionate Punishment Right of Cross-Examination is Statutory, Cannot Be Denied When Documents Are Exhibited Later: Chhattisgarh High Court Allows Re-Cross-Examination Compounding after Adjudication is Impermissible under FEMA: Calcutta High Court Declines Post-Adjudication Compounding Plea Tears of a Child Speak Louder Than Words: Bombay HC Confirms Life Term for Man Who Raped 4-Year-Old Alleged Dowry Death After Forced Remarriage: Allahabad High Court Finds No Evidence of Strangulation or Demand “Even If Executant Has No Title, Registrar Must Register the Document If Formalities Are Met” — Supreme Court  Declares Tamil Nadu's Rule 55A(i) Ultra Vires the Registration Act, 1908 Res Judicata Is Not Optional – It’s Public Policy: Supreme Court Slams SEBI for Passing Second Final Order in Fraud Case Against Vital Communications Ltd A Person Has Died… Insurance Company Cannot Escape Liability Without Proving Policy Violation: Supreme Court Slams High Court for Exonerating Insurer in Fatal Accident Case Calling Someone by Caste Name Is Not Enough – It Must Be Publicly Done to Attract SC/ST Act: Supreme Court Acquits All in Jharkhand Land Dispute Case Broken Promises Don’t Make Rape – Mature Adults in Long-Term Relationships Must Accept Responsibility: Supreme Court Quashes Rape Case Against NRI Man Every Broken Relationship Can’t Be Branded Rape: Supreme Court Quashes Criminal Case Against Retired Judge Accused of Sexual Exploitation on Promise of Marriage No Evidence, No Motive, Not Even Proof of Murder: Supreme Court Slams Conviction, Acquits Man Accused of Killing Wife After Two Years of Marriage You Can’t Assume Silence Is Consent: Supreme Court Sends Back ₹46 Lakh Insurance Dispute to NCDRC for Fresh Determination “Voyage Must Start and End Before Monsoon Sets In — But What If That’s Practically Impossible?” SC Rules Against Insurance Company in Shipping Dispute No Criminal Case Can Be Built on a Land Deal That’s Three Decades Old Without Specific Allegations: Supreme Court Upholds Quashing of FIR Against Ex-JK Housing Chief

High Court Grants Regular Bail to Afghan Residents Charged with Overstaying in India

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the High Court of Punjab and Haryana at Chandigarh granted regular bail to a group of Afghan residents who were charged with overstaying in India. The case, registered under Sections 7 and 14 of the Foreigners Act, 1946, and Section 12(1A) of the Passports Act, 1967, involved allegations of residing in India without valid passports and visas.

The judge, while granting bail, made it clear that this decision does not express any opinion on the merits of the case. Justice Manoj Bajaj stated, “It is not a case that the petitioners were indulging in any illegal activities or commission of crime, and they are being prosecuted for overstaying in India after the expiry of their passport and visa.”

Justice Manoj Bajaj, presiding over the case, emphasized that the petitioners were not involved in any illegal activities or criminal offenses. The court noted that the trial had been progressing slowly, with only two out of nine prosecution witnesses examined thus far. Taking into consideration the extended period of detention and the likelihood of a protracted trial, the court determined that further detention would serve no useful purpose.

The defense counsel argued that the petitioners, who are residents of Afghanistan, have been residing in India for a long time and were implicated solely due to the expiration of their visas and passports.

The court order, released on 4th July 2023, ordered the release of the petitioners on regular bail, subject to the fulfillment of requisite bail bonds or surety bonds to the satisfaction of the trial court or duty magistrate concerned.

This judgment highlights the court’s consideration of the circumstances and the necessity to avoid prolonged detention for individuals accused of overstaying their visas. It reinforces the principle that each case should be assessed on its own merits, and bail decisions should be made in light of the specific circumstances involved.

Date of decision : 04.07.2023

Mohammad Rahim Ashori vs State of Haryana

Similar News