Judgment :

Krishna Rao, J.

In Re: WPA 28472 of 2024

1. The petitioner has filed this writ petition praying for direction upon the respondents to release the petitioner, who is at present lodged at Howrah District Correctional Home on disclosing his destination for residence and on undertaking to report the local police station.

2. The petitioner was charged with Section 14 of the Foreigners Act and on completion of the investigation, the police has submitted the charge sheet. On 3^rd May, 2017 at the time of framing of charge, the petitioner pleaded guilty for committing offence under Section 14 of the Foreigners Act. The Judicial Magistrate, 7^th Court, Howrah convicted the petitioner and sentenced to suffer simple imprisonment for one year and three months i.e. 455 days.

3. It is further ordered that period of detention, if any, undergone by the petitioner for a period of one year and three months, i.e. 455 days be set up against the sentence passed under Section 428 of the Cr.P.C.

4. It is further ordered that the petitioner being the Mayanmaree national be repatriated to his native country at once upon expiry of the sentenced imposed.

5. The learned Counsel for the petitioner submits that the petitioner was arrested on 9^th February, 2016 and since then the petitioner is in correctional home. Though, the learned Magistrate has passed the order of conviction sentencing the petitioner for one year and three months and sentenced has been completed on 8th April, 2017 but the petitioner is in correctional home for the last about 9 years.

6. On completion of sentence, the petitioner has made an application before the learned Magistrate on 27th June, 2018 with the prayer for compliance of the order dated 3^rd May, 2017, wherein the learned Magistrate has directed for repatriating the petitioner to his native country at once on expiry of the sentence.

7. The learned Magistrate, by an order dated 27^th June, 2018, has dismissed the application filed by the petitioner on the ground that the learned Magistrate has no jurisdiction to pass any further order once he has already disposed of criminal case by imposing sentence upon the petitioner.

8. The petitioner has relied upon the judgment in the case of MS Maja Daruwala & Anr. Vs. State of West Bengal & Anr. in Transferred Case (Criminal) No.1 /2013 dated 16^th May, 2025 wherein the Hon’bnle Supreme Court has passed an order holding that if there is any illegal migrant as on date in any of the prisons within the State of West Bengal who has undergone the entire sentence and is still confined in any of the prison, passed three years from the date of completion of his/her original sentence, he/she, be released on bail subject to the following conditions:-

“(a) Execution of bond with two sureties of Rs.1,00,000/-(Rupees one lakh only) each of Indian citizens;

(b) He or she specifies verifiable address of stay after release;

(c) Biometric of his/her iris (if possible) and all ten fingerprints and photos shall be captured and stored in a secured database before release from the detention centres. He or she shall report once every week to the Police Station specified by the Foreigners Tribunal;

(d) He or she shall notify any change of his or her address to the specified Police Station on the same day, and

(e) A quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal."

9. The learned Counsel for the petitioner submitted the judgment passed by the Hon’ble Supreme Court equally applicable in the case of the petitioner as the petitioner is in correctional home even after completion of sentence in the year 2017 but neither he has been repatriated nor he has been released from the correctional home.

10. The Welfare Officer of Dum Dum Central Correctional Home by a letter dated 23^rd Dece