Mumbai, January 15, 2024 – In a significant development, the Sessions Court for Greater Mumbai has granted bail to Moriyam Babukadar Sadar, a 62-year-old woman accused of illegally residing in India. Sadar was arrested on October 4, 2023, in connection with L.A.C. No.10/2023, filed under various sections of the Passport (Entry into India) Rules, 1950, the Foreigners Order, 1948, and the Foreigners Act, 1946. The court’s decision, delivered on January 12, 2024, by Additional Sessions Judge Rajesh A. Sasne, comes as a relief to the accused, who has maintained her innocence since her arrest.

Background of the Case

The prosecution alleged that Sadar entered India without valid documentation, thus violating immigration laws. Following her arrest, she was placed in judicial custody, and the charge sheet was subsequently filed. The State of Maharashtra, through the SBI CID I Branch, opposed her bail plea, contending that if released, she might tamper with evidence, threaten prosecution witnesses, or abscond.

However, the defense, represented by Advocate M.R. Shaikh, argued that Sadar was falsely implicated. He emphasized that she possessed an Aadhaar card, ration card, and voter ID, which establish her Indian residency. The defense further pointed out that all necessary investigations had been completed and that there was no pending recovery or seizure in the case.

Court’s Ruling and Legal Precedents

After hearing arguments from both sides, the court ruled in favor of granting bail, citing key precedents from similar cases. The court referenced judgments from the Bombay High Court and Karnataka High Court, which had granted bail in comparable cases involving alleged illegal migrants.

Notably, the Bombay High Court, in the case of Aayesha Siddhika Salim Mulla alias Kajal Salim Shaikh vs. The State of Maharashtra (BA No. 3211 of 2022, 3216 of 2022, and 3217 of 2022), had ruled in favor of the accused under similar circumstances. The Karnataka High Court had also granted bail in cases involving Bangladeshi citizens, as seen in Archona Purnima Pramanik vs. State of Karnataka and Babul Khan & Ors. vs. State of Karnataka & Ors.

Citing these judgments, Judge Sasne noted that if reasonable conditions are imposed to secure the accused’s presence during trial, bail can be granted. Accordingly, the court issued the following order:

Bail Conditions Imposed

1. The accused, Moriyam Babukadar Sadar, shall be released on bail upon furnishing a personal bond and surety bond of ₹20,000/- with one or two sureties.
2. She shall not tamper with prosecution witnesses or evidence in any manner.
3. She must attend all court proceedings regularly unless exempted by the trial court.
4. Provisional cash bail of ₹20,000/- is permitted, but she must furnish a surety within four weeks of release; failing this, the cash bail shall be forfeited.
5. She shall not leave India without prior permission from the court.
6. Bail formalities are to be completed before the concerned magistrate.

Implications and Legal Perspectives

Legal experts view the court’s decision as a reaffirmation of the principle that mere allegations of illegal migration are insufficient grounds for prolonged detention without a fair trial. The ruling underscores the necessity of examining individual circumstances, available documentation, and legal precedents before denying bail in such cases.

Advocate M.R. Shaikh, representing the accused, expressed satisfaction with the court’s decision. “My client has maintained her innocence from the outset. She has valid Indian identification documents, and her continued incarceration was unjustified. We are relieved that the court has upheld her right to bail,” he stated.

On the other hand, the prosecution may explore further legal avenues to challenge the bail order. Given the serious nature of immigration violations, the case could set a precedent for similar bail applications in the future.

Conclusion

The case of Moriyam Babukadar Sadar highlights the complexities surrounding alleged illegal immigration cases in India. While the legal proceedings will continue, her release on bail marks a crucial juncture in her fight to establish her legal status. The court’s reliance on legal precedents ensures a fair approach to similar cases, reinforcing the importance of due process in immigration-related legal matters.

With increasing scrutiny on cross-border migration, this case is expected to draw further attention, potentially influencing future judicial decisions in similar cases.