Crl.A. No. 199  of 2011 @ SLP(Crl) 9703 of 2010 1

   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 199 OF 2011 [ARISING OUT OF SLP (CRL.) NO. 9703 OF 2010]

SOHEL AHAMMED MONDAL ...... APPELLANT

VERSUS

STATE OF WEST BENGAL ...... RESPONDENT

[WITH CRIMINAL MISCELLANEOUS PEITTION NO. 389 OF 2011 –  APPLICATION FOR AD INTERIM BAIL]

O R D E R 1.   Leave granted.

2. We  have  heard  the  learned  counsel  for  the  

parties.

3. We see from the order of the High Court which  

has been impugned before us, that the appellant had  

applied  for  bail  for  an  offence  punishable  under  

Section 14 of the Foreigners Act.  A prayer had been  

made by the State counsel for an adjournment in order  

to verify the genuineness or otherwise of the documents  

that had been filed along with the bail application.  

Instead of granting this prayer,  which was opposed by  

the  counsel  for  the  appellant  and  also  instead  of  

hearing or adjourning the matter, the Bench dismissed  

the application  on a  consideration of  the materials  

collected during  the police  investigation.  We find

Crl.A. No. 199  of 2011 @ SLP(Crl) 9703 of 2010 2

that in the facts of the case, it would be appropriate  

that  the  matter  be  remanded  to  the  High  Court  for  

decision afresh.  We, accordingly, allow this appeal,  

set aside the order dated 26th July, 2010, which has  

been impugned, and remit the case to the High Court.  

We  clarify  that  nothing  said  herein  would  be  a  

reflection on the merits of the controversy.

...... ..................J [HARJIT SINGH BEDI]

........................J [CHANDRAMAULI KR. PRASAD]

NEW DELHI JANUARY 18, 2011.