Calcutta High Court denies bail to Chinese citizen trying to enter India with fake Nepali Passport [Read Judgement]

Kolkatta: The Calcutta High Court has delivered a significant order dismissing a criminal revision petition and upholding the denial of default bail to a Chinese national accused of trying to enter India with a fake Nepali passport.

In an order passed on July 4, 2024, Justice Subhendu Samanta dismissed the criminal revision petition filed against orders dated September 16 and 20, 2023, passed by the Additional Chief Judicial Magistrate, Siliguri.

The court noted that the petitioner, Peng Yongxin alias Umesh Yonjan, was arrested on July 9, 2023, for allegedly trying to enter India with a fake Nepali passport. A charge sheet was filed against him on September 15, 2023, under Sections 468/471 of the Indian Penal Code read with Sections 14A/14B of the Foreigners Act, 1946.

The petitioner had argued that the charge sheet was incomplete and filed only to deny him default bail. However, the court observed that the investigating agency had collected several documents and materials during the investigation, based on which the charge sheet was submitted.

Justice Samanta stated: The legal propositions as enumerated by the Honble Apex Court are well accepted to the principle that the right of default bail under Section 167(2) Cr.P.C. is not only a statutory right but also a fundamental right that flows under Article 21 of the Constitution of India. It is an indefeasible right, nonetheless, it is enforceable only prior to the filing of the charge sheet and does not survive or remain enforceable after the submission of the charge sheet.

The court held that once a charge sheet has been submitted, the question of default bail cannot arise, but the accused may ask for regular bail on the merits of the case. It found no illegality or irregularity in the impugned order passed by the Magistrate taking cognizance of the offence and refusing default bail.

In conclusion, the court dismissed the criminal revision petition, finding it meritless. However, it clarified that this order should not preclude the Magistrate from considering a regular bail application according to law, without being influenced by this courts order.

[Read Judgement]