RUMA BIBI Vs. STATE

JUDGEMENT

(1.) The present habeas corpus petition has been instituted by Ruma Bibi, the wife of Asif Hossain, essentially praying for a direction to the official respondents to produce the latter before this court; and with a further prayer to order his release from illegal detention.

(2.) Briefly stated, the facts that are necessary for deciding the present proceedings are that Asif Hossain was apprehended from New Delhi Railway Station on 13.12.2012 in connection with FIR No.36/2012 registered at P.S.: Crime Branch under sections 419/420/468/471/120B IPC, sections 3/9 of the Official Secrets Act, 1923 and sections 14A and 14B of the Foreigners Act 1946. Upon trial, Asif Hossain was convicted under section 3 of the Official Secrets Act, 1923 and section 474 IPC vid judgment dated 28.10.2016. Further vid order dated 09.11.2016, Asif Hossain was sentenced to undergo incarceration for a period of 09 years for the offence under section 3 of Official Secrets Act, 1923 and for 04 years alongwith fine of Rs.10,000/-, with default imprisonment of 09 months for the offence under section 474 IPC. However, Asif Hossain was given benefit of doubt for the commission of offences u/s 419, 466 IPC and section 14A and 14B of the Foreigners Act 1946 and was accordingly acquitted qua those offences.

(3.) Aggrieved by the aforesaid judgment, Asif Hossain preferred an appeal bearing Crl. A. No.428/2017 before a learned Single Judge of this court. Vid order dated 07.11.2019, whilst upholding the order of conviction, as rendered by the trial court, the learned single Judge modified the impugned order to the extent that the sentences imposed on Asif Hossain under section 3 of the Official Secrets Act, 1973 and section 474 IPC were directed to run concurrently instead of consecutively as directed by the trial court.