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2007 (3) TMI 819 - HC - Indian LawsSeeking grant for Enlargement Of bail - Offences punishable u/s 120B r/w Section 489-A to 489-E of IPC - violations of the Section 14 of the Foreigners Act, 1946 - Petitioner/accused is a Nigerian national - contented that he was produced before the magistrate beyond the mandatory period of 24 hours of his arrest - further contended that the Respondent has even after the expiry of 90 days failed to file charge sheet in respect of the alleged offence for which he was arrested - HELD THAT:- It is well known that the court takes cognizance of the crime, not the offender. The argument that the respondent filed a charge-sheet, within time, when it did, is not correct. The charge-sheet pertains only to the offence under the Foreigners Act, for which, as per proviso to Section 167(2) had to be filed within 60 days. But for the other offences, in respect of which the period prescribed, for filing the charge sheet is 90 days, no charges were indicated. Though the right of the investigating agency to file a supplementary charge sheet, or a further report (u/s 173(8) pursuant to order of the court) cannot be disputed, yet the fact remains that there cannot be part charge sheet, as has been contended in the present case. Therefore, following the decision in S.M.Purtado's case [1996 (5) TMI 442 - KERALA HIGH COURT], as well as the Supreme Court ruling in Uday Mohanlal Acharya [2001 (3) TMI 1032 - SUPREME COURT], it has to be concluded that the petitioner is entitled to be enlarged on bail. This is without prejudice to such other rights the respondents may have in law, to place further materials in support of the case, before the trial Court. The petition is allowed.
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