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.
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Appearance:Ld. adv. Mr. Mohd. Aslam for the applicants/accused
Mrs. Ashwini Rayakar Ld.A.P.P. for the State/respondent.
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CORAM : S.N.PATIL ADDL. S.JUDGE (C.R.17) DATE : 03/02/2024

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:-
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 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.

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. 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.

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