B.A.47/24 MHCC020003252024 IN THE COURT OF SESSION FOR GREATER BOMBAY

CRIMINAL BAIL APPLICATION No. 47 OF 2024

Moriyam Babukadar Sadar
Age 62 years, T.M.C. Room No.2422,
Bhaskar Nagar, Shanti nagar Road,
Near Mofatlal Company,
Kalva Thane 400605. … Applicant
– Versus

The State of Maharashtra (Through SBI,CID I Branch vide L.A.C.No.10/2023) … Respondent

Appearance :Mr. M.R. Shaikh Advocate for applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.

CORAM : RAJESH A. SASNE, ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 12/01/2024

ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing her on bail in connection with L.A.C. No.10/2023 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.It is alleged by the applicant / accused that the applicant is falsely implicated in the present case. She was arrested on 04.10.2023. Nothing is to be seized or recovered from the possession of the accused.
The applicant is having Aadhar Card, Ration Card, Voter ID. She has undergone custodial interrogation and now accused is in judicial custody. Investigation is over. The charge sheet is filed. 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. She is permanent resident of her given address therefore she prayed for releasing her 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 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 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. She is arrested on 04.10.2023. The applicant has produced various documents in support
of her contention that she 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 she 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.47 of 2024 is allowed.

2] Applicant / Accused Moriyam Babukadar Sadar, arrested in LAC No.10/2023 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 SBI,CID I branch be released on bail on furnishing P.B. and S.B. of Rs.20,000/- 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. 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 : 12/01/2024 Dictated on Transcribed on Signed by HHJ on : 12.01.2024 : 12.01.2024 : 12.01.2024 ( Rajesh.A. Sasne) Additional Sessions Judge, Gr. Mumbai. 5 B.A.47/24 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 15/01/2024 5.35 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 12/01/2024 ORDER signed by P.O. on 15/01/2024 ORDER uploaded on 15/01/2024