Mumbai, March 20, 2024 – Alamin Jamir Shaikh, a 33-year-old man accused of illegal immigration, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge Rajesh A. Sasne allowed Shaikh’s bail application (Criminal Bail Application No. 681 of 2024), citing precedents from the Bombay and Karnataka High Courts in similar cases.

Shaikh was arrested on December 18, 2023, in connection with LAC No. 12/2023, registered with SBI CID I Branch, for offenses punishable under 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.

Prosecution’s Case:

The prosecution alleged that Shaikh was an illegal migrant. They argued that if released on bail, he might threaten witnesses, tamper with evidence, or flee the country.

Defense Arguments:

Shaikh’s advocates, Taraq K. Sayed and Parekh, argued that their client was falsely implicated. They stated that he possessed an Aadhaar Card and had cooperated with the custodial interrogation. They emphasized that the investigation was complete, no further recoveries were pending, and Shaikh was a permanent resident of his provided address. They argued that further detention was unnecessary.

Court’s Decision:

Judge Sasne reviewed the application, the prosecution’s reply, and relevant documents. He noted that Shaikh had produced documents claiming Indian nationality, and the matter of his legal status was one to be determined during the trial.

The court referred to precedents from the Bombay High Court in Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh v. The State of Maharashtra (BA No. 3211 of 2022, 3216 of 2022, and 3217 of 2022) and the Karnataka High Court in Archona Purnima Pramanik v. State of Karnataka (MANU/KA/0296/2020) and Babul Khan and Ors. v. State of Karnataka and Ors. (MANU/KA/2159/2020). These cases involved similar circumstances where bail was granted to individuals accused of illegal immigration, even those from Bangladesh, when no further recoveries were pending.

Judge Sasne concluded that if reasonable conditions were imposed to secure Shaikh’s attendance, he would be entitled to bail.

Conditions of Bail:

Judge Sasne granted Shaikh bail on the following conditions:

• Shaikh must furnish a personal bond (P.B.) and a 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 Metropolitan Magistrate.
• Provisional cash bail of the same amount was allowed, with Shaikh required to furnish surety within four weeks, failing which the cash bail would be forfeited.
• He must not leave India without prior court permission.
• Bail must be executed before the concerned Magistrate.

The court emphasized that these conditions would ensure Shaikh’s presence during the trial and prevent any interference with the investigation.