Specific issue regarding bail applications for foreign nationals in India. The Supreme Court of India considers whether it is necessary to include a Foreign Registration Officer as a party in these bail proceedings. Ultimately, the court concludes that these authorities do not need to be impleaded or formally notified of every bail application unless the case involves specific offenses under the Foreigners Act, 1946. Instead, the order directs that when a foreigner is granted bail, the investigating or prosecuting agency must immediately inform the relevant Registration Officer, who will then disseminate the information to other pertinent authorities, including the Civil Authority, to allow them to take appropriate action under the law.
Criminal Procedure Code, 1973, Section 439 – Registration of Foreigners Rules, 1992, Rule 3 – Foreigners Act, 1946, Section 3, 3(2) (g) – Foreigners Order, 1948, Clause 2(2), 5 – Foreigners Act – Bail – Whether it is necessary to implead a Foreign Registration Officer appointed under Rule 3 of the s Rules, 1992 in the bail application filed by a foreigner within the meaning of the Act, 1946? – Bail application by foreigner – Necessary and proper party – Held that the authorities under the Act and the Order have no locus to oppose bail application filed by a foreigner unless bail is sought where the allegation is of the offence punishable under Section 14 of the Act – The impleadment of the Civil Authority or Registration Officer in all bail applications filed by foreigners may result in unnecessary delay in deciding the bail applications – All that can be done is that while releasing a foreigner on bail, the Court should direct the investigating agency or the State, as the case may be, to immediately inform the concerned Registration Officer appointed under Rule 3 of the Rules about the grant of bail so that the Registration Officer can bring the fact of the grant of bail to the notice of concerned Civil Authority – Directions issued that while granting bail to a foreigner within the meaning of the Act, the concerned court shall issue direction to the State or prosecuting agency, as the case may be, to immediately communicate the order granting bail to the concerned Registration Officer appointed under Rule 3 of the Rules who, in turn, shall communicate the order to all concerned authorities including the Civil Authorities – If such information is furnished, it will enable the authorities under the Act, the Rules and the Order to take appropriate steps in accordance with the law – A copy of this order directed to be forwarded to Registrar Generals of all the High Courts, who in turn will forward the copies of the order to all the criminal courts in the respective States.
(Para 6 to 8)
Frank Vitus V. Narcotics Control Bureau
Supreme Court: 2025 INSC 30: (DoJ 06-01-2025)
