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B.A.459/24
MHCC020030332024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.459 OF 2024
Mohammad Rijaul Mondal
Age 46 years, Occ : Labour,
Residing at Sopan Fakir Thakur
Zopadapatti, Sector 5,
Sanpada, Navi Mumbai 400 705.

… Applicant
– Versus The State of Maharashtra
(Through Crime Branch Unit VI,
vide LAC No.97/2023)
(corresponding C.C.T.N.S. No.534/2023,
R.A. Kidwai Police Station)
… Respondent
Appearance :Adv. S.G. Acharya for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 04/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
LAC No.97/2023 registered with Crime Branch Unit VI (corresponding
C.C.T.N.S.No.534/2023, R.A. Kidwai Police Station) for the commission
of offences punishable u/Sec. 465,467,468,471 and Section 3 r/w Section
6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of Foreigners
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B.A.459/24
Order 1948 alongwith Section 14 of the Foreigners Act, 1946.
2.

It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 15.12.2023. Nothing
is to be seized or recovered from his possession. The applicant is having
Aadhar Card, PAN Card. He has undergone custodial interrogation and
now he is in judicial custody. Investigation is over. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping the accused behind bars till conclusion of trial. He
is permanent resident of his given address therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. The contention of the prosecution is that the accused has
committed offence punishable u/sec. 465,467,468,471 and Section 3 r/w
Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of
Foreigners Order 1948 alongwith Section 14 of the Foreigners Act,
1946. It is alleged by the prosecution that if the accused is released on
bail there is possibility of threatening of prosecution witnesses. If
accused is released on bail there is possibility of tampering prosecution
evidence. If the accused is released on bail there is possibility that he
will flee away from the justice. Hence, prosecution prayed for rejection
of the application.
4.

Read the application, say filed by the respondent. Heard
the ld. Advocate for the applicant and ld. advocate for the respondent.
5.

It is the case of the prosecution that the police have
arrested the applicant / accused as illegal migrant. He is arrested on
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B.A.459/24
15.12.2023. The applicant has produced various documents in support
of his contention that he is Indian National. It is a matter of merit to
verify whether, the applicant is illegal migrant or not.
6.

I refer to the following judgments :
1. Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The
State of Maharashtra in BA No.3211 of 2022, 3216 of 2022
and 3217 of 2022 (Hon’ble Bombay High Court).
2. Archona Purnima Pramanik V/s. State of Karnataka in
MANU/KA/0296/2020.
3. Babul Khan and Ors. V/s. State of Karnataka and Ors.
MANU/KA/2159/2020.

7.

I have gone through the ratios laid down in judgments of
Hon’ble Bombay High Court and Hon’ble Karnataka High Court. The
Hon’ble Bombay High Court in Aayesh Mullas case supra in similar facts
granted bail to the accused. No recovery is pending. The Hon’ble
Karnataka High Court in the aforesaid judgments also granted bail
Bangaladesh citizens. If reasonable conditions to secure the attendance
of the accused are imposed he will be entitled to be released on bail.
Hence, I am of the view to allow the application. In the result I pass the
following order :
ORDER
1]
Bail Application No.459 of 2024 is allowed.

2]
Applicant / Accused Mohammad Rijaul Mondal, arrested in LAC
No.97/2023 under Section 465,467,468,471 and Section 3 r/w Section
6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of Foreigners
Order 1948 alongwith Section 14 of the Foreigners Act, 1946 registered
with DCB CID Unit-6, Chembur (Corresponding C.C.T.N.S. No.

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B.A.459/24
537/2023, R.A. Kidwai Police Station) be released on bail on furnishing
P.B. and S.B. of Rs.25,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the Ld. Metropolitan
Magistrate, Mumbai.
5]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the concern Magistrate.

Date : 04/03/2024
Dictated on
Transcribed on
Signed by HHJ on
: 04.03.2024
: 06.03.2024
: 12.03.2024
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.459/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
12/03/2024
3.32 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 04/03/2024
ORDER signed by P.O. on
12/03/2024
ORDER uploaded on
12/03/2024