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B.A.1097/24
MHCC020068122024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1097 OF 2024
Smt. Marjeena Basar Mulla
Aged about 35 years old,
Residing at Room No.105, Shivraj
Mannat Apartment, Pragati Nagar,
Nalasopara (E), Vasai, Palghar,
Maharashtra
… Applicant
– Versus The State of Maharashtra
(Through Malvani Police Station
(SBI CID I Branch) vide LAC No.69/2024)
… Respondent
Appearance :Adv. Mohd. Aslam for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing her on bail in connection with
LAC No.69/2024 registered with Malvani Police Station (SBI CID I
Branch) for the commission of offences punishable under Section 3
r/w Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of
Foreigners Order 1948 alongwith Section 14 of the Foreigners Act,
1946.

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2.

B.A.1097/24
It is alleged by the applicant / accused that she is falsely
implicated in the present case. She was arrested on 13.01.2024.
Nothing is to be seized or recovered from her possession. The applicant
is having Aadhar Card, PAN card, Ration Card. She has undergone
custodial interrogation and now she is in judicial custody. Investigation
is over. Nothing is to be seized or recovered from the possession of the
accused. Therefore, there is no point in keeping the accused behind bars
till conclusion of trial. She is permanent resident of her given address
therefore she prayed for releasing her on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. The contention of the prosecution is that the accused has
committed offence punishable u/sec.3 r/w Section 6 of Passport (Entry
into India) rules, 1950, u/sec.3(1) of Foreigners Order 1948 alongwith
Section 14 of the Foreigners Act, 1946. It is alleged by the prosecution
that if the accused is released on bail there is possibility of threatening
of prosecution witnesses. If the accused is released on bail there is
possibility of tampering prosecution evidence. If the accused is released
on bail there is possibility that he will flee away from the justice. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, handwritten say filed by the
respondent. Heard the ld. Advocate for the applicant and ld. advocate
for the respondent.
5.

It is the case of the prosecution that the police have
arrested the applicant / accused as illegal migrant. She is arrested on
13.01.2024. The applicant has produced Adhar Card, PAN card, Ration
Card in support of her contention that she is Indian National. It is a
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B.A.1097/24
matter of merit to verify whether, the applicant is illegal migrant or not.
6.

I refer to the following judgments :
1. Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The
State of Maharashtra in BA No.3211 of 2022, 3216 of 2022
and 3217 of 2022 (Hon’ble Bombay High Court).
2. Archona Purnima Pramanik V/s. State of Karnataka in
MANU/KA/0296/2020.
3. Babul Khan and Ors. V/s. State of Karnataka and Ors.
MANU/KA/2159/2020.

7.

I have gone through the ratios laid down in judgments of
Hon’ble Bombay High Court and Hon’ble Karnataka High Court. The
Hon’ble Bombay High Court in Aayesh Mullas case supra in similar facts
granted bail to the accused. The Hon’ble Karnataka High Court in the
aforesaid judgments also granted bail Bangaladesh citizens. The ld
Metropolitan Magistrate has rejected her bail application by order dated
23.04.2024. If reasonable conditions to secure the presence of the
accused are imposed she will be entitled to be released on bail. Hence, I
am of the view to allow the application. In the result I pass the
following order :
ORDER
1]
Bail Application No1097 of 2024 is allowed.

2]
Applicant / Accused Marjeena Basar Mulla, arrested in LAC
No.69/2024 under Section 3 r/w Section 6 of Passport (Entry into
India) rules, 1950, u/sec.3(1) of Foreigners Order 1948 alongwith
Section 14 of the Foreigners Act, 1946 registered with Malvani Police
Station (SBI CID I Branch) be released on bail on furnishing P.B. and
S.B. of Rs.20,000/- with one or two sureties
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3]
B.A.1097/24
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld. Trial Court.
5]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the concern Magistrate.

Date : 29/04/2024
Dictated on
Transcribed on
Signed by HHJ on
: 29.04.2024
: 30.04.2024
: 03.05..2024
RAJESH
ANIRUDDHA
SASNE
Digitally signed by
RAJESH
ANIRUDDHA SASNE
Date: 2024.05.04
16:19:23 +0530
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.1097/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
03/05/2024
11.08 a.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 29/04/2024
ORDER signed by P.O. on
03/05/2024
ORDER uploaded on
03/05/2024