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

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 4^th 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