CNR No.

MHCC02-000418-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.84 OF 2022
Najrul Sajjad Ali Shaikh
Age – 34 year,
R/o – Room No.1404/H,
Khwaja Garib Nawaz Ekta Society,
Shanti Nagar, VTC Thane, Kalwa,
Dist. Thane
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Vakola,
L.A.C. No.59/2021)
Appearance:
Mr. Hiralal Choudhary, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
January 24, 2022
ORDER
1.

Present
applicant
Najrul
Sajjad
Ali
Shaikh
was
apprehended/arrested being citizen of Bangladesh, entered India and
stayed at Vakola, Mumbai without any passport and in breach of
provisions of Foreigners Act.

He is praying for bail in L.A.C.

No.59/2021. Prosecution strongly opposed the same vide say (Exh.2)
contending that this applicant has been illegally residing in India since
2006 without any passport, permit or contract permit. He is a citizen of
Bangladesh, resident of Bakda, Post- Bakda, Thana – Jigargacha, Dist.
Jashor, Bangladesh. Therefore, it is contended to reject the application.

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BA No.84/2022
2.

Heard Ld. Adv. Mr. Hiralal Choudhary for the applicant and
Ld. A.P.P Mrs. Rashmi Tendulkar. Following points arise for my
determination.

I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

No.

2.

What Order ?

Application stands
rejected.
REASONS
POINT NO.1.
FACTS INVOLVED IN L.A.C No.59 OF 2021.
3.

On 09.12.2021 when Informant alongwith, P.C. and A.P.I
Vikram Patil were patrolling in the jurisdiction of Vakola Police Station,
they received secret information that at 17.00 hours one citizen of
Bangladesh would come to work near Panama Compound, Chunabhatti,
Shastrinagar, Santacruz (E), Mumbai. As per direction of Sr. P.I they
formed a team consisting Informant, API Vikram Patil, P.C. Mudgal.
They verified the secret information, called two panchas, laid the trap
and apprehended the suspected person. On inquiry the said person gave
evasive answers. Therefore the said person was brought to Vakola Police
Station and again inquired. The said person stated that he is citizen of
Bangladesh and presently residing at TMCK/2230, Khwaja Garib
Nawaz, Ekta Society Chawl, Bhaskar Nagar Road, Kalwa, Thane. When
requisite papers to enter India were demanded, he was not able to
produce the same. He submitted address of his native as: Bakda, PostBakda, Thana – Jigargacha, Dist. Jashor, Bangladesh.
facts.

These are the
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BA No.84/2022
4.

First bail application of the accused was rejected by
Ld. Metropolitan Magistrate vide order dt.12.10.2021. He held that,
the applicant is involved in the crime alleged against him. He was
found staying in India without any authorized document. He is from
Bangladesh and citizen thereof. I carefully read these observations.

5.

In India, particularly in Mumbai, illegal residents of
Bangladesh citizen is ever increasing. There is absolutely no control on
the said act. Admittedly, the applicant could not produce any valid
document to show that, he is citizen of India and/or permitted to reside
in Mumbai. It cannot be ignored that the applicant has been usurping
such liberty since 2006. Staying/residing in India without prescribed
authorized documents, is an offence. Even if he is released on bail that
will amount permitting him to continue the offence. Basically offence
made by him is continuing offence.

Therefore, bail in such offence
again permitting him to continue the offence for which he was arrested,
is beyond purview of Sec.439 of Cr.P.C. Therefore, I am of the opinion
that unless he faces the trial, granting bail will amount permitting him
to continue and repeat the same offence. Hence, there is absolutely no
strong prima-facie case made out by the applicant to release him on
bail.

Therefore, Point No.1 is answered in the negative and following
order is passed :ORDER
Bail Application No.84 of 2022 stands rejected.
MADHAV
GOPAL
DESHPANDE
Dt.: 24.01.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.01.25
16:38:48 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 24.01.2022.

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BA No.84/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.01.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 24.01.2022
Judgment/order signed by P.O. on
24.01.2022
Judgment/order uploaded on
25.01.2022