Criminal Procedure Code, 1973
Section 439—Bail petition—Scope of adjudication—Whether the passport or visa of a foreign national is valid or not, is not a matter with the scope of adjudication in a bail petition.
[Para 39]
Section 439—Bail—Foreign national—FIR registered under ITP Act, IPC and Foreigners Act—A foreign national is charged under Section 14 or Section 14A of the Foreigners Act to be tried for contravention of those provisions committed in the past and may be released from judicial custody on bail, while facing those charges, but the same person may be placed in executive detention by the Central Government towards enforcement of the provisions of Section 14 and Section 14A of the Foreigners Act for the future period—Bail granted.
[Para 44]
Decision : Application allowed