1
B.A.561/24
MHCC020035932024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.561 OF 2024
1. Mohina M. Mulla @ Mallya
2. Joshna Rabul Shaikh @ Joshna M. Mulla
@ Maulya
R/at Gr. Floor, F-18 F-20,
Agar Transit Camp Truck,
Terminal Road, New 90 ft Road,
Antop Hill, Mumbai 400 037
… Applicant
– Versus The State of Maharashtra
(Through SBI CID I Branch
vide LAC No.01/2024)
… Respondent
Appearance :Adv. Mohd. Aslam for the applicants.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 07/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing them on bail in connection with
LAC No.01/2024 registered with SBI CID I Branch 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
2.

B.A.561/24
It is alleged by the applicants / accused that the applicants
are falsely implicated in the present case. They were arrested on
09.02.2024. Nothing is to be seized or recovered from the possession of
the accused. The applicants are having Aadhar Card. They have
undergone custodial interrogation and now accused are 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. They are the permanent
resident of their given address therefore they prayed for releasing them
on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. The contention of the prosecution is that the accused have
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 the accused are released on bail there is possibility of threatening
of prosecution witnesses. If accused are released on bail there are
possibility of tampering prosecution evidence. If the accused are
released on bail there is possibility that they 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 applicants and ld. advocate for the respondent.
5.

It is the case of the prosecution that the police have
arrested the applicants / accused as illegal migrants. They are arrested
on 09.02.2024. The applicants have produced various documents in
support of their contention that they are Indian National. It is a matter
3
B.A.561/24
of merit to verify whether, the applicants are 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 they 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.561 of 2024 is allowed.

2]
Applicant / Accused Mohina M. Mulla @ Mallya, Applicant /
Accused Joshna Rabul Shaikh @ Joshna M Mulla @ Maulya arrested in
LAC No.01/2024 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 SBI CID I Branch
be released on bail on furnishing P.B. and S.B. of Rs.25,000/- each with
one or two sureties
4
3]
B.A.561/24
The applicants / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicants / accused shall regularly attend the concern police
station on 1st and 3rd Saturday of every month till filing of the chargesheet.
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 applicants / accused shall not leave India without prior
permission of the Court.
7]
Bail before the concern Magistrate.

Date : 07/03/2024
Dictated on
Transcribed on
Signed by HHJ on
: 07.03.2024
: 11.03.2024
: 13.03.2024
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

5
B.A.561/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
14/03/2024
3.04 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 07/03/2024
ORDER signed by P.O. on
13/03/2024
ORDER uploaded on
14/03/2024