Mumbai, February 12, 2024: The Sessions Court of Greater Mumbai has granted bail to Mohammed Bappi Fajal Mulla, an alleged illegal migrant, in connection with LAC No. 311/2023 registered with the State Bank of India (SBI) CID I Branch (Antop Hill). The court passed the order on February 5, 2024, allowing the bail application under stringent conditions.
Background of the Case
Mulla was arrested on September 5, 2023, under Sections 3 and 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. The prosecution alleged that Mulla had entered India illegally and was residing in Navi Mumbai. Authorities claimed that his presence in the country violated immigration laws, and they sought his continued detention to prevent any possible tampering with evidence or absconding from justice.
The defense, represented by Advocate Hiralal Chaudhari, contended that Mulla was falsely implicated and had already spent a significant period in judicial custody. The defense emphasized that the investigation was complete, and there was no further need for his detention. Chaudhari further assured the court that Mulla had a permanent residence and was willing to comply with all legal requirements.
Court’s Observations and Verdict
After reviewing the arguments from both sides, Additional Sessions Judge Rajesh A. Sasne cited relevant judgments, including Aayesha Siddhika Salim Mulla vs. State of Maharashtra and Babul Khan vs. State of Karnataka, wherein bail was granted to individuals in similar circumstances. The court ruled that if reasonable conditions were imposed, Mulla’s release on bail would not adversely impact the case.
In his order, Judge Sasne granted bail to Mulla on a personal bond and surety bond of ₹20,000, with the following conditions:
- Mulla must not tamper with prosecution witnesses or evidence.
- He is required to attend all court hearings unless exempted by the trial court.
- Provisional cash bail is allowed, and Mulla must furnish sureties within four weeks of release, failing which the cash bail will be forfeited.
- He is prohibited from leaving India without prior court permission.
Legal and Social Implications
This case highlights the legal challenges surrounding undocumented migrants and the judiciary’s approach to balancing law enforcement with individual rights. The bail order indicates that courts are willing to consider the circumstances of accused individuals, especially when their long-term detention is not deemed necessary.
The ruling also underscores the importance of due process, as the court acknowledged that the verification of Mulla’s legal status must be determined at trial. Legal experts suggest that such cases require close monitoring to ensure compliance with bail conditions while upholding immigration laws.
Conclusion
With this bail order, Mulla will now await further legal proceedings while adhering to the court-imposed conditions. The case continues to attract attention as authorities investigate the broader implications of illegal immigration and law enforcement measures in Mumbai. The trial is expected to proceed in the coming months, determining the final outcome of the charges against Mulla.