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Friday, June 12, 2020

TCS

Bombay hc grants bail to members of Tablighi jamat hailing from Kazakhstan and Kyrgyzstan

 Justice Manish pitale has granted bail to Members of Tablighi Jamat from kazakhstan and kyrgistan.

Zafar khan
Nagpur,12 June 2020
Persons released on bail
Batyrov Shukhratbek
 Aged- 27 Yrs, Accu- Business
 R/o Street Chui 125, Dzhalalabad Kyrgyzstan
 2. Usmabnov Usambai
 Aged- 42 Yrs, Accu- Business
 R/o Street Maiekovskaia Kyrgyzstan
 3. Suvankulov Maksatbek
 Aged- 30 Yrs, Accu- Business
 R/o Street Satabyoyoshevel 64,
 Bishket Kyrgyzstan
 4. Sadikov Isroil
Aged- 58 Yrs, Accu- Business
 R/o Street Pionerrkala , Dzhalalabad Kyrgyzstan
 5. Togaibayev Nurbolat
 Aged- 29 Yrs, Accu- Business
 R/o Street Alfarabi 178, Almaty Kazakhstan
 6. Ashirbayev Ruslan
 Aged- 29 Yrs, Accu- Business
www.thecurrentscenario.com
 R/o Street Turkistan Mesgit,Kaskelen
 Kazakhstan
 7. Omarov Epkahat
 Aged- 34 Yrs, Accu- Business
 R/o Street Kippichanaya,Karaganda, Kazakhstan
 8. Yeralibnov Zhanbota
 Aged- 34 Yrs, Accu- Business
 R/o Street Satibldina 29,Karaganda, Kazakhstan
9. Mukhamvbethsnov Aidar
 Aged- 37 Yrs, Accu- Business
 R/o Street Stepnoi 4,Karaganda, Kazakhstan

Case of prosecution-

That, the applicants were  arrested for the offence punishable
under section sec 14 [b] of foreigners [Amendment] Act 2004 and
188, 269, 270 of Indian penal Code and u/s 3, 4 The Epidemic
Diseases Act 1897 registered vide Crime No. 120/2020 dated 5-04-
2020 registered with Ps Gadchiroli.
That, the case of prosecution is that, applicants who are foreign
nationals have come to India on tourist Visas and they have
violated the conditions of tourist visa. On 11-03-2020, applicants
came to Gadchiroli and they have been residing at a Mosque and
they have come in contact of several persons visiting the mosques
and thus they have the lives of persons visiting the mosques in
danger due to possibility of transmission of Covid-19 virus.
Further it is alleged that, applicants have participated in Religious
activities of preaching islam which amounts to violation of condition of visa.

It was submitted that, the applicants No.1 to 9 are foreign nationals and are from
kazakistan/kyrgystan that was originally a part of soviet Russia
[USSR]. The police had also verified the passport of all the
applicants carefully and had found the same valid and in order.
The applicants had arrived at Gadchiroli on or about 11/03/2020
from Delhi and had immediately intimated their arrival and the
entire schedule of their stay at Gadchiroli and ultimate departure
from Gadchiroli to the office of the SP Gadchiroli in writing via C
 form and the same is available on this website of the department.

After declaration of lock down from 24 March by the Central
Govt after one day curfew on 21.03.2020 was not anticipated by
the applicants. That the entry and stay of the applicants in
Gadchiroli is valid as per rules as it is not a case that there is no
tourist place at Gadchiroli. That, as per guideline 15 of General
Policy guidelines relating to Indian Visa, what is prohibited is
engaging in Tabligh work and engaging in normal religious
activities is permitted. That, applicants have never participated in
Tabligh work and thus there is no violation of visa conditions.

That after their arrest, the applicants were again examined before
their production in the court and they have been found to be
asymptotic and not infected with the said virus. That, therefore is
clear that the applicants had absolutely no intention nor had they
even an iota of idea that they would be responsible for spreading
the said corona virus as they themselves were not suffering from
such disease. In view of these particular it is clear that the
applicants have not committed any offences as given in section
188,269 and 270 of IPC.

Applicants submitted that, they will reside at Darool Uloom
Shahi, Chandrapur.

Justice Manish pitale while releasing them of bail directed them to stay at Darool Uloom shahi and report to PS chandrapur City on every Monday. Passports are directed to be kept with investigation agency.

Adv Firdos Mirza and Adv Mir Nagman Ali appeared for Applicants. Adv amit madiwale represented the state.