The Calcutta High Court on Thursday denied the grant of bail to a Bangladeshi national who was arrested on charges concerning the receipt of stolen property, given that his residence was outside the State (In Re: Md. Samiul Islam Saon)..The bail applicant’s counsel told the Court that his nationality should not stand in the way of bail, and that the applicant had been in custody for 270 days. The application was taken up by the High Court amid the COVID-19 lockdown..Last month, the Supreme Court had tasked High Powered Committees across States with deciding on which prisoners may be released temporarily during the COVID-19 pandemic, to decongest prisons as a precautionary measure..The Calcutta High Court was, in turn, informed that the State’s High Powered Committee had suggested that applicants with residence outside the State should not be considered for release at this stage, i.e. during the COVID-19 lockdown..Recording this submission by Additional Public Prosecutor, SS Imam, the Justice Arindam Sinha proceeded to reject the grant of bail to the Bangladeshi national, observing that,.“The applicant since not resident in the State as being a Bangladeshi national, cannot be considered for grant of bail at this stage. The ratio of Swapna Akhter (supra) does not apply to him in the present situation. “.Read the order:
The Calcutta High Court on Thursday denied the grant of bail to a Bangladeshi national who was arrested on charges concerning the receipt of stolen property, given that his residence was outside the State (In Re: Md. Samiul Islam Saon)..The bail applicant’s counsel told the Court that his nationality should not stand in the way of bail, and that the applicant had been in custody for 270 days. The application was taken up by the High Court amid the COVID-19 lockdown..Last month, the Supreme Court had tasked High Powered Committees across States with deciding on which prisoners may be released temporarily during the COVID-19 pandemic, to decongest prisons as a precautionary measure..The Calcutta High Court was, in turn, informed that the State’s High Powered Committee had suggested that applicants with residence outside the State should not be considered for release at this stage, i.e. during the COVID-19 lockdown..Recording this submission by Additional Public Prosecutor, SS Imam, the Justice Arindam Sinha proceeded to reject the grant of bail to the Bangladeshi national, observing that,.“The applicant since not resident in the State as being a Bangladeshi national, cannot be considered for grant of bail at this stage. The ratio of Swapna Akhter (supra) does not apply to him in the present situation. “.Read the order: