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The High Court dealt with peculiar cases where foreigners engage in petty offences and subsequently obtain a bail order from the court. Primarily, this practice is prevalent among foreigners who desire to overstay in India without proper documents like Passport/Visa.
The Hon’ble Bench of the High Court comprising Justice Nutan D Sardesai and Justice MS Sonak, while addressing the concerns of the Public Prosecutor Pravin N Faldessai and Amicus Curiae Advocate Devidas J Pangam, said that preventing the offenders from leaving India is the condition that may be imposed on any offender, including a foreigner. Therefore, the courts do not often engage in ascertaining whether the foreigners have the necessary visas or other relevant documents. They engage in petty offences and secure bail only to overstay in India.
This strategy facilitates the foreigners to stay in India beyond the period they are entitled to stay in India, or in other words, this practice aids such foreigners to stay in India even after the expiration of their visas. Shortly, the condition imposed while granting bail to the foreigners is taken for granted by such foreigners.
The Court urged that the prosecution side must ensure speedy solution in matters of this sort by filing appropriate application before the magistrate or courts where such matters were pending or withdraw the prosecution process as such. The Court observed the strategy adopted by the foreigners defeat the very provisions of the Foreigners Act, 1946, and rules and orders made thereunder. The offenders, who have expired visas or no valid documents, should be deported immediately after the case is disposed of by the magistrate. Nevertheless, the ratio in the instant case would have no application on such cases where foreigners engage in offences related to the NDPS Act, rape, cyber fraud etc.
The court issued the following directives in the instant case:
86540
103860
630
114
59824