In The Matter Of M. George Irabor And OthersVs State

Rajasekhar Mantha, J

Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference.

This is an application filed by the petitioner No.1, a Nigerian national who is accused in a charge under Sections 420/34-b IPC in FIR No. 182 of 2018 dated 20th June, 2018.

The application has been filed for interim bail. The petitioner No.1 submits that he has entered into a compromise with the complainants.

Counsel for the petitioner, Mr. Lochan submits that he has been instructed by the Embassy of the Nigeria to move the instant application in view of the current COVID-19 situation. He further submits that lot of other prisoners and under-trials at the Alipore Jail have been released and that the jail premises is on cramped up.

Per contra, the learned counsel for the State submits that the application for bail under the present CRM 6913 of 2018 cannot be maintained. Such prayer has already been rejected for one co-accused. It further appears to this Court that the petitioner, Mr. George Irabor has described himself as an Indian National whereas the petition indicates he is a Nigerian citizen.

Having heard the parties, this Court is of the view that the application for bail is a non-starter at the very inception as the original CRM 6913 of 2018 has already been rejected.

The petitioner further seeks to invoke the Nelson Mandela decision doctrine by showing argument there cannot be two different laws for residents of the same country. Firstly, Mr. Nelson Mandela belongs to the State of South Africa and secondly, there is no discrimination in India the State treats all citizens and non citizens alike under Article 21 of the Constitution of India. The present bail application however cannot be maintained, not just for technical reasons but also for misrepresentation of facts.

Since the petitioner submits that he has entered into a compromise with the complainants, liberty is right to the petitioner to file a fresh application under the appropriate laws with any affidavit compromise along with the views of the State and the Jail Authorities.

Hence, the application being CRAN 1881 of 2020 shall stand rejected.

All parties are to act on a server copy of this order on the usual undertakings.