Excelsior Correspondent
SRINAGAR, Jan 11: High Court granted bail to a Pakistan national who was booked for offences of Unlawful Activities Act and Criminal Conspiracy, with the condition that she will appear before the trial court on each and every date and shall report the concerned Police Station once in a month.
The bail application was moved by one Faiza Begum who along with other two accused persons Sheraz Ahmad and Ghulam Ali were booked for charges under Section 3(3) of Passport Act and Foreigners Act for making entry into Indian Side by the Police Station Chanterkote District Ramban and charge sheet was laid before the court of Principal Sessions Judge Ramban.
The trial court, however, acquitted other two accused and convicted the applicant-Faiza under PP Act and Foreigners Act and sentenced her to imprisonment of three years and fine of Rs 10,000 for such offence and also for section 120B of RPC (Hatching Criminal Conspiracy).
Other side has resisted the bail application by submitting that the applicant has committed a grave offence and as such she is not entitled to any bail. It has also been submitted that as she is not an Indian national and after completion of her sentence, she cannot be released till she is deported back to her native country (Pakistan).
Justice Sanjary Dhar after hearing both sides and perusal of trial court judgment, said admittedly the applicant is a lady and has been convicted under Foreigners Act but the trial court has clearly provided that the period w.e.f 12.3.2012 to 14.9.2012 already undergone by the applicant shall be set off.
Court said therefore, the applicant has to undergo remaining imprisonment of one and a half year. The applicant has been convicted on March 2019 and since then she is in jail. Thus out of three years of awarded imprisonment court said, she has already served more than two years and three month in jail.
On the apprehension of prosecution that if the applicant is granted bail she may jump over the bail, the court on this assumption said, the same can be taken care of by asking her to report to the concerned police station once in a month.
“In this view, the application is allowed and the applicant is enlarged on bail subject furnishing of two local sureties to the tune of Rs one lakh each and personal bond of like amount subject to satisfaction of the Registrar Judicial of the court”, Court directed.
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