In a significant judicial decision, the Court of Session for Greater Bombay granted bail to Abushahid Abdul Hamid Alimiya, accused of illegal immigration, on January 15, 2024.

Abushahid Abdul Hamid Alimiya, aged 26, from Navi Mumbai, was arrested on December 9, 2023, by the Crime Branch Unit VI for allegedly violating the Foreigners Act and related rules concerning entry into India. Alimiya, who claimed to possess several Indian identity documents including a birth certificate and Aadhar card, argued that he was wrongly implicated.

The prosecution opposed the bail, citing risks of Alimiya tampering with evidence or fleeing justice, given the charges under sections 465, 467, 468, 471 of the IPC, and various sections of the Foreigners Act. However, the court, presided over by Additional Sessions Judge Rajesh A. Sasne, reviewed the case and found no further recovery or interrogation necessary since the investigation was concluded.

Judge Sasne cited previous High Court rulings where similar bail was granted, emphasizing that if conditions are imposed to ensure the accused’s attendance, there is no reason to deny bail. Alimiya was thus released on a personal bond and surety of Rs.25,000 each, with conditions not to tamper with evidence or witnesses and to report to the police weekly until the charge sheet is filed.

Conclusion: This ruling underscores the court’s stance on granting bail when no further investigation is pending, focusing on the rights of the accused to contest the charges while ensuring compliance with judicial processes.