B.A.103/2024 MHCC020007092024
IN THE COURT OF SESSION FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No. 103 OF 2024

Mohammad Younus Mohd. Phulmiya Shaikh
Aged 32 years, Occ : Worker,
Residing at Room No.304,
House No.140/2, Sector 20, Nerul,
Navi Mumbai 400 706. … Applicant
– Versus

The State of Maharashtra (Through DCB CID Unit-6, Chembur, Police Station
vide LAC No.97/2023) … Respondent

Appearance :Mr. Salman Shaikh / Mr. Avdhesh Kanoojiya Adv for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE, ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30. DATED : 18/01/2024 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 DCB CID, Unit-6, Chembur Police
Station for the commission of offences punishable u/Sec. 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.

2.It is alleged by the applicant / accused that the applicant is falsely implicated in the present case. He was arrested on 14.12.2023. Nothing is to be seized or recovered from the possession of the accused.
The applicant is having Aadhar Card, Adhar Card, PAN Card, Election I.D., Driving License. He has undergone custodial interrogation and now accused 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. 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. 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 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 she 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 14.12.2023. The applicant has produced various documents contending
that he is Indian National. Read the order dated 06.01.2024 of ld Chief Metropolitan Magistrate, therein there is reference of Aadhar Card, Adhar Card, PAN Card, Election I.D., Driving License. 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.103 of 2024 is allowed.

2] Applicant / Accused Mohammad Younus Mohd. Phulmiya Shaikh, arrested in LAC No.97/2023 under 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 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 attend the concern police station on every Saturday between 11.00 a.m. to 2.00 p.m. till filing of the charge sheet.

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 priorpermission of the Court.

7] Bail before the concern Magistrate.

Date : 18/01/2024 Dictated on Transcribed on Signed by HHJ on : 18.01.2024 : 19.01.2024 : 20.01.2024 ( Rajesh.A. Sasne) Additional Sessions Judge, Gr. Mumbai. 5 B.A.103/2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 20/01/2024 UPLOAD DATE 5.30 p.m. 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 18/01/2024 ORDER signed by P.O. on 20/01/2024 ORDER uploaded on 20/01/2024