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B.A.923/24
MHCC020058022024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.923 OF 2024
Mohd. Aakib Hussai,
S/o Abdul Rauf Laidun,
Age 29 years, Resi. At Rafik
Nagar Part 2 Near Babe Rehmat
Masjid Govandi, Shivaji Nagar,
Mumbai 43
… Applicant
– Versus The State of Maharashtra
(Through Shivaji Nagar Police Station
(SBI CID I Branch) vide LAC No.10/2024)
… Respondent
Appearance :Adv. Mohd. Aslam for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 18/04/2024
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.10/2024 registered with Shivaji Nagar Police Station (SBI CID I
Branch) for the commission of offences punishable under Section 3(a)
r/w Section 6(a) of Passport (Entry into India) rules, 1950, u/sec.3(1)
(a) of Foreigners Order 1948 alongwith Section 14 of the Foreigners
Act, 1946.

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2.

B.A.923/24
It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 03.01.2024. Nothing
is to be seized or recovered from his possession. The applicant is having
Aadhar 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.3(a) r/w Section 6(a) of Passport
(Entry into India) rules, 1950, u/sec.3(1)(a) 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 the 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, handwritten 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
03.01.2024. The applicant has produced Adhar Card in support of his
contention that he is Indian National. It is a matter of merit to verify
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B.A.923/24
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. The Hon’ble Karnataka High Court in the
aforesaid judgments also granted bail Bangaladesh citizens. The ld
Metropolitan Magistrate has rejected his bail application by order dated
06.04.2024. If reasonable conditions to secure the presence 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.923 of 2024 is allowed.

2]
Applicant / Accused Mohd. Aakib Hussai, arrested in LAC
No.10/2024 under Section 3(a) r/w Section 6(a) of Passport (Entry into
India) rules, 1950, u/sec.3(1)(a) of Foreigners Order 1948 alongwith
Section 14 of the Foreigners Act, 1946 registered with Shivaji Nagar
Police Station (SBI CID I Branch) be released on bail on furnishing P.B.
and S.B. of Rs.20,000/- with one or two sureties
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3]
B.A.923/24
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. Trial Court.
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 : 18/04/2024
Dictated on
Transcribed on
Signed by HHJ on
: 18.04.2024
: 20.04.2024
: 24.04.2024
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.923/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
26/04/2024
12.19 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 18/04/2024
ORDER signed by P.O. on
24/04/2024
ORDER uploaded on
26/04/2024