Mumbai, January 12, 2024 – Taniya Hriday Shaikh, accused of illegal immigration, has been granted bail by Additional Sessions Judge Rajesh A. Sasne. The court cited similar precedents from the Bombay and Karnataka High Courts, the completion of the investigation, and the filing of the charge sheet as reasons for granting bail.

Shaikh was arrested in connection with C.R. No. 330/2023 registered at D.B. Marg Police Station, Mumbai. She was charged under Section 3 read with Section 6 of the Passport (Entry into India) Rules, 1950, Section 3(1) of the Foreigners Order 1948, and Section 14 of the Foreigners Act, 1946.

Prosecution’s Case:

The prosecution alleged that Shaikh was an illegal migrant and had been arrested on October 16, 2023. They argued that if released, she might threaten witnesses, tamper with evidence, or flee from justice.

Defense Arguments:

Advocate Tabssum B.A. Khan, representing Shaikh, argued that she was falsely implicated and had been in custody since October 16, 2023. She presented an Aadhaar card as proof of Indian nationality and stated that the investigation was complete, the charge sheet had been filed, and nothing was to be recovered from her.

Court’s Observations and Decision:

Judge Sasne noted the following key points:

• Completion of Investigation: The charge sheet had been filed, indicating the completion of the investigation.
• Proof of Nationality: Shaikh had produced documents, including an Aadhaar card, claiming Indian nationality.
• Similar Precedents: The court referred to judgments from the Bombay High Court (Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh v. The State of Maharashtra) and the Karnataka High Court (Archona Purnima Pramanik v. State of Karnataka and Babul Khan and Ors. v. State of Karnataka and Ors.), where bail was granted in similar cases involving alleged illegal immigrants.
• No Recovery Pending: There were no pending recoveries from the accused.

“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,” Judge Sasne stated in his order.

Conditions of Bail:

Shaikh was granted bail on the following conditions:

• She must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 20,000 with one or two sureties.
• She must not tamper with prosecution witnesses or evidence.
• She must regularly attend court hearings.
• Provisional cash bail of the like amount is allowed, and she must furnish surety within four weeks.
• She must not leave India without prior court permission.
• Bail before the concerned Magistrate.

Implications:

This decision highlights the court’s reliance on judicial precedents and the completion of the investigation in granting bail in cases involving alleged illegal immigration. The court’s willingness to grant bail, even in cases involving foreign nationals, when appropriate conditions are imposed, is also evident. The court has balanced the need to ensure the accused’s presence during the trial with her right to liberty.