Mumbai, March 12, 2024 – Mohammad Rijaul Mondal, a 46-year-old labourer residing in Navi Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in a case involving allegations of forgery and illegal migration. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, allowed Mondal’s bail application (Criminal Bail Application No. 459 of 2024), citing the documentary evidence provided by Mondal and the principle of parity with previous judgments.
Mondal was arrested in connection with LAC No. 97/2023, registered with Crime Branch Unit VI (corresponding to C.C.T.N.S. No. 534/2023 at R.A. Kidwai Police Station), facing charges under sections 465, 467, 468, and 471 of the Indian Penal Code (IPC) (relating to forgery), and 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 (relating to illegal entry and stay).
The Allegations and Arrest:
The prosecution alleged that Mondal was an illegal migrant arrested on December 15, 2023. They claimed that he had committed offenses related to forgery and illegal entry into India.
Defense Arguments:
Mondal, through his advocate S.G. Acharya, argued that he was falsely implicated in the case. He emphasized that he had been in custody since December 15, 2023, and that no further seizures or recoveries were pending. He presented Aadhar Card and PAN Card as evidence of his Indian nationality. He further argued that he had undergone custodial interrogation and that the investigation was complete.
Prosecution’s Objections:
The prosecution, represented by A.P.P. Iqbal Solkar, opposed the bail application. They argued that Mondal had committed the alleged offenses and that his release could lead to witness intimidation, evidence tampering, or flight from justice.
Court’s Analysis and Decision:
Judge Sasne, after reviewing the application and hearing arguments, noted that Mondal had presented documentary evidence to support his claim of Indian nationality. He also considered previous judgments by the Bombay High Court and the Karnataka High Court, which granted bail in similar cases.
The court specifically referred to:
- Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh v. The State of Maharashtra: Where the Bombay High Court granted bail in similar circumstances.
- Archona Purnima Pramanik v. State of Karnataka and Babul Khan and Ors. v. State of Karnataka and Ors.: Where the Karnataka High Court granted bail to Bangladeshi citizens.
Judge Sasne stated that the determination of whether Mondal was an illegal migrant was a matter of merit to be decided during the trial. He concluded that imposing reasonable conditions would secure his presence and granted him bail.
Conditions of Bail:
The court granted Mondal bail on the following conditions:
- He must furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹25,000 with one or two sureties.
- He must not tamper with prosecution witnesses or evidence.
- He must regularly attend court hearings unless exempted by the Ld. Metropolitan Magistrate, Mumbai.
- Provisional cash bail of the same amount was allowed, with a four-week deadline to furnish surety.
- He must not leave India without prior court permission.
- Bail must be furnished before the concerned Magistrate.
Significance of the Order:
This order highlights the court’s reliance on:
- Documentary Evidence: The court considered the documentary evidence provided by the accused to support his claim of Indian nationality.
- Parity: The court considered previous judgments in similar cases.
- Conditions to Ensure Presence: The court imposed conditions to ensure the accused’s presence during the trial.
- Merits of the case to be determined during trial: The court stated that the determination of nationality is a matter for the trial court to decide.
This ruling underscores the court’s emphasis on considering documentary evidence and the principle of parity when deciding on bail applications in cases involving allegations of forgery and illegal migration.