O R D E R

Petitioner has approached this Court under Section 439 of the Code of Criminal Procedure (for short Cr.P.C.) seeking bail in case FIR No. 236 of 2019, dated 4.7.2019, registered in Police Station Sadar, District Una, H.P. under Sections 420, 120B, 201 of the Indian Penal Code (for short ‘IPC’) and under Section 14 of the Indian Foreigner Act.

2. Petitioner and co-accused Martin James are citizens of Nigeria whereas third accused Mhabeni Enny is an Indian National.

3. At the time of his arrest Martin James was found living in India without VISA after expiry of period thereof. Whereas petitioner was having valid VISA till 9.11.2021 but during his detention his VISA has also expired.

4. Petitioner is in judicial custody. It would be futile exercise to consider the bail application in either way as his VISA has already expired.

5. Learned counsel for the petitioner submits that petitioner was having valid Visa to stay in India till November, 2021, but, he could not apply for extension thereof as he is behind the bars since August, 2021.

6. He further submits that petitioner intends to apply for extension of Visa and for that purpose, for submitting Online application, he has to visit Cyber Cafe and thereafter, probably, has to appear personally before the concerned authority on a date to be fixed by Foreign Regional Registration Office or any other concerned office. Therefore, he prays for issuing direction to respondent/State including Jail Superintendent to take the petitioner to Cyber Cafe for submitting Online application along with details of his passport, which is valid upto 2026 and also to ensure his presence for personal hearing, if directed by concerned authority for renewal of Visa.

7. In aforesaid facts, respondent-State vide order dated 8.4.2022 was directed to ensure submission of application of petitioner for extension of VISA by following procedure for that and taking the petitioner wherever necessary to go to that purpose.

8. Learned Additional Advocate General has placed on record th communication dated 12 May, 2022 addressed to SHO Police Station, Sadar, sent by Deputy Superintendent Jail, District Jail Bangarh, District Una, H.P., stating therein the facts with respect to the petitioner in response to field verification as per information sought through IVFRT Module from FRRO New Delhi for e-service application ID HP150000052.

9. It has been submitted by learned Additional Advocate General that as per instructions imparted to him, concerned authority i.e. Superintendent Jail as well as SHO Police Station Sadar, Una have initiated process for renewal of VISA of the petitioner, as evident from th the communication dated 12 May, 2022, referred supra.

10. As per averments made in the aforesaid communication, petitioner came to India on Medical VISA valid up to 9.11.2021, but before that on 4.8.2021 he has been arrested in present case and during his detention VISA had expired.

11. Therefore, as directed vide order dated 8.4.2022 Superintendent Jail as well as SHO, Police Station, Sadar are expected to take appropriate necessary steps and facilitate the petitioner to get his VISA renewed. Superintendent of Police, Una as well as Superintendent/Deputy Superintendent District Jail, Una are directed to ensure compliance of the aforesaid directions in its letter and spirit.

12. Petitioner is also at liberty to avail appropriate remedy including filing comprehensive petition for redressal of his grievance in accordance with law. Needless to say petitioner is also entitled to move successive bail application in changed circumstances.

13. Learned Additional Advocate General shall communicate this order to Superintendent of Police, Una as well as Superintendent Jail, Una. Registry is also directed to communicate the order.

The petition stands disposed of with aforesaid directions/terms.

(Vivek Singh Thakur),

th

20 May, 2022 Judge.

(Keshav)