Excelsior Correspondent
JAMMU, Apr 10: CJM Jammu Ashwani Sharma has rejected the bail application of Noor Kolima, a resident of Myanmar, who was booked by the Trikuta Nagar Police under Foreigner Act.
After hearing Senior PO Rohit Gupta for the State whereas Advocate Iqbal Hussain Bhat for the applicant, CJM observed, “the accused being a foreign national cannot be granted bail”, adding “the counsel for the accused/applicant has contended 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 been declared as Refugee till date”, the court observed.
“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 absconding 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”, CJM said.
With these observations, court rejected the bail application.
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