CJM rejects bail of Rohingya in Foreigner Act case
11/04/2018
Jammu, Apr 10: CJM Jammu Ashwani Sharma rejected the bail application of Ms Noor Kolima, D/O Lt. Ibrahim. R/G Myanmar at preent KiryaniTalab Narwal Bala Tehsil Bahu Jammu who was booked by the police station Trikuta Nagar in FIR No.85/2018 U/Ss 14 Foreigner Act, 3/6 P.P Act & 120-B RPC.
CJM Jammu Ashwani Sharma after hearing Senior PO Rohit Gupta for the state whereas Adv Iqbal Hussain Bhat for the applicant observed that Whether the accused is entitled to bail particularly on account of the fact when she is a resident of Myanmar, being a foreign national. It is true that a lady whose age in the CD file has been shown as 19 years is entitled to bail otherwise, but she being a foreign national cannot be granted bail by the court. The Counsel for the accused/ applicant has contended at bar that the accused is a migrant and has been registered with the Office of UNHCR New Delhi, as such, can be enlarged on bail. Reliance has been placed upon the scanned copy of certificate from where it is clear that the applicant a national of Myanmar has applied to the office of UNHCR New Delhi for Refugee Status and her application is under consideration. The applicant has not beedeclared as Refugee till date.
CJM after hearing both the sides observed that The extremely important question which has arisen for the consideration of this court is whether the accused is entitled to bail in such circumstances, as the accused is a national of Mayanmar, a foreign nation. If the bail is granted to the accused, her attendance before the court cannot be procured and there are chances of abscondance of the accused as she has no property moveable or immovable in the state and the trial would suffer if the bail is granted to the accused. With these observations Court rejected the bail application. JNF
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