1
MHCC020002682024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.44 OF 2024
1.

Smt. Kajal Junab Shaikh-33 years
2.

Smt.Rani Begum Yarul Shaikh-35 years,
Resi. At-Sector 12, Shiv Sagar Society,
Room No.15, Kharghar Panvel.
.Applicants/accused
VERSUS
State of Maharashtra.
(Through Bandra Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv. Mr. Mohd. Aslam for the applicants/accused
Mrs. Ashwini Rayakar Ld.A.P.P. for the State/respondent.
________________________________________________________
CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 03/02/2024
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ORAL ORDER
1.

Applicants/accused are seeking regular bail under
Section 439(1) of Code of Criminal Procedure.
2.

Perused the application and say. Heard both sides.
Prosecution case may be summarized as under:-
3.

Informant-PC 091965 Siddhant Chougule, along
with his associates arrested applicants/ accused from Hill Road,
Bandra on the basis of secret information received by him.
During inquiry, it is revealed that applicants/accused are
Bangladeshi and residing in Mumbai illegally.

They have no
documents to show that they are the residents of India. Mobiles
phones were seized from their custody and it was found that
they were talking with their relatives who are residing at
Bangladesh.
4.

On the basis of information containing the above
allegations, crime bearing No.1947/2023 is registered at Bandra
Police Station for the offence punishable under Section 3 and 6
of Passport (Entry into India) Act, 1950, 3(1) Foreigners Order,
1948 r/w 14 of Foreigners Act, 1946.
5.

Applicants/accused prayed for bail on the following
amongst other grounds:-
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a-
Applicants/accused are women and suffering
from health problem.

b-
Applicants/accused are residents of West Bengal
and now residing at Kharghar Navi Mumbai.

c-
Applicants/accused have fully co-operated the
police during police custody.

e-
Applicants/accused are ready to abide by the
conditions imposed upon by the Court and also
ready to furnish the surety.
By making these submissions, applicants/accused
prayed to release them on bail.
6.

As against this, Ld. A.P.P. strongly resisted the bail
application on following grounds:a-
Applicants/accused belonged to Bangladesh.

b-
Applicants/accused are not permanent residents of
Mumbai.

c-
If, applicants/accused are released on bail, they
may tamper with the prosecution evidence and
shall not be available for trial.
By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
7.

Ld. Counsel appearing for the applicants/accused
placed reliance upon the case of Aayesha Siddhika Salim Mulla
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alias Kajal Salim Shaikh, Payal Sikandar Shaikh alias Payal Ashik
and Ashif Salim Mulla alias Ashik V/s the State of Maharashtra,
bail applications No.3211, 3216 and 3217 of 2022 decided on
31/01/2023 by the Hon’ble Bombay High Court.
I have gone through the said citation. The law laid
down therein is applicable to the present case.
8.

Ld.

Counsel
appearing for
applicants/accused
vehemently argued the applicants/accused are residing at
Kharghar, Navi Mumbai. There is no material on record to show
that their relatives are residing at Bangladesh and they had talk
with them. They are Indian citizens and therefore prayed to
release them on bail.
9.

Ld. A.P.P. submitted that the applicants/accused
have no documents to prove that they are residents of India. If,
applicants/accused are released on bail, they may tamper with
the prosecution witnesses and may flee away from justice.
10.

Considered the submissions advanced on behalf of
both sides. Ld. Counsel appearing for applicants/accused urged
that applicants/accused are Indian citizens. As per prosecution
case, applicants/accused belonged to Bangladesh.

They have
violated provisions of Passport (Entry into India) Act, 1950 and
Foreigners Order, 1948 r/w 14 of Foreigners Act, 1946.

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Considering the nature of offence, it being a continuing offence,
in order to prevent from committing further commission of
offence, investigating officer was justified in making arrest of
applicants/accused.
11.

The address mentioned in the first information
report of applicants/accused is of Kharghar, Navi Mumbai. The
applicants/accused are arrested on 09/12/2023 and since then
they are in custody.
12.

As
per
the
say
filed
by
the
prosecution
applicants/accused used to talk with their relatives residing at
Bangladesh on their mobile phones. Investigation is completed.
The custodial interrogation of the applicants/accused is not
required for further investigation. The applicants/accused are
women
and
suffering
applicants/accused
are
from
released
health
on
bail
problem.
with
If
stringent
conditions, the purpose would be served and the possibility of
absconding and tampering with the witnesses may be curtailed.
Thus, considering the nature of offence, applicants/accused are
entitled to be released on bail. In the result, following order:ORDER
1. Criminal bail application No.44 of 2024 is allowed.
2. Applicants/accused – Smt. Kajal Junab Shaikh and Smt.Rani
Begum Yarul Shaikh be released on furnishing PB of Rs.

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25,000/- each with one or more solvent sureties of the like
amount
each in crime No. 1947/2023 registered at Bandra
Police Station on following conditions:a-The applicants/accused shall not tamper with the prosecution
evidence or witnesses in any manner.
b-The applicants/accused shall attend the office of Bandra police
station on 1st and 15th date of each calender month in between
10.00 am and 1.00 pm and co-operate with the investigating
officer as and when required till further orders.
c-The applicants/accused shall submit their detail address to the
Court at the time of furnishing the bail, where they would be
residing after release from the prison.
d-The
applicants/accused
are
directed
to
inform
the
investigating officer immediately if they change their address or
residential place. Investigating officer will be at liberty to check
that address as and when he thinks fit.
3. The accused/applicants shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any Police Officer or tamper with
the evidence.
4. The accused/applicants shall not leave India without prior
permission of this Court.
5. No provisional cash bail is allowed.

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6. Bail before the Ld. Metropolitan Magistrate.
7. Criminal Bail application No.44 of 2024 is disposed of
accordingly.
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

03/02/2024
Dictated on
Transcribed on
Signed on
:
:
:
03/02/2024
03/02/2024
03/02/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

06/02/24 at 05.50 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
03.02.2024
Judgment and order signed by P.O.

03.02.2024
Judgment/order uploaded on
03.02.2024