Appellant who pleaded guilty and served 1½ years of a 3-year sentence to be released immediately and repatriated to Bangladesh; Court declines to reopen merits of conviction
In a recent judgment dated October 13, 2026, the Calcutta High Court, presided over by Justice Jay Sengupta, upheld the conviction of Tanushree Sarkar @ Putul under Section 14A(b) of the Foreigners Act, 1946 but reduced her sentence in light of the time she had already served. The appellant, a Bangladeshi national, was convicted by the Additional District & Sessions Judge, Fast Track Court-I, Bongaon for illegally staying in India and sentenced to three years imprisonment along with a fine of Rs. 6,000.
The appellant had pleaded guilty before the trial court and had already served approximately one and a half years of her sentence at the time of the appeal. The defense argued that the appellant was a juvenile at the time of the offense according to her Bangladeshi passport, although this was not raised during trial. The State opposed reopening the merits of the conviction citing the plea of guilt but expressed no objection to the appellant's repatriation.
The High Court noted that since the appellant had pleaded guilty, questions beyond the sentence could not ordinarily be entertained on appeal. Given the appellant's expressed wish to be repatriated and the substantial time already served, the Court held that continuing custody would serve no purpose.
Accordingly, the Court affirmed the conviction but reduced the sentence to the period already undergone by the appellant. The Court ordered her immediate release and directed the State to repatriate her to Bangladesh in accordance with law. It further directed that the appellant's Bangladeshi passport be handed over through the Superintendent of the Correctional Home upon release to facilitate repatriation. Any personal articles seized at the time of arrest were also to be returned legally.
This judgment reflects the Court's pragmatic approach balancing enforcement of immigration laws with humanitarian considerations, especially where the appellant has accepted guilt and served a significant portion of the sentence.
Bottom Line:
Appeal against conviction under Section 14A(b) of the Foreigners Act, 1946 after plea of guilt - In such appeal, merits of conviction cannot ordinarily be reopened and appeal can be considered on question of sentence - Considering that appellant had already undergone about 1½ years of imprisonment and sought repatriation to Bangladesh, sentence reduced to period already undergone while conviction affirmed, with direction for release and repatriation in accordance with law.
Statutory provision(s):
Foreigners Act, 1946 Section 14A(b)
Tanushree Sarkar @ Putul v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2998034
