Mumbai Court Grants Bail to Alleged Illegal Immigrant Lima Sajan Haldar in Passport Fraud Case
Mumbai, February 1, 2024 – In a significant ruling, the Sessions Court for Greater Bombay has granted bail to Lima Sajan Haldar, a 26-year-old resident of Navi Mumbai, in a case related to alleged illegal immigration and passport forgery. Judge Rajesh A. Sasne, presiding in Court Room No. 30, allowed Haldar’s bail application on January 31, 2024, noting that she had presented documentation supporting her claim of Indian citizenship and citing similar cases where bail was granted under comparable circumstances.
Haldar was arrested on December 8, 2023, by Mumbai’s Crime Branch Unit VI under LAC No.97/2023 (corresponding to C.R. No. 534/2023 at R.A. Kidwai Police Station). She faces charges under sections 465, 467, 468, and 471 of the Indian Penal Code, addressing various forms of forgery, alongside violations of the Passport (Entry into India) Rules, the Foreigners Order, 1948, and Section 14 of the Foreigners Act, 1946.
Case Background
The prosecution alleges that Haldar entered India illegally and had forged passport documents to establish her identity. Following her arrest, authorities claimed that she possessed false documents, implicating her in violations of Indian immigration law. Despite these allegations, Haldar has consistently asserted her Indian nationality and submitted an Aadhaar card as evidence. Her defense counsel argued that her arrest was based on false implications and that she has no previous criminal record.
According to the defense, the investigation has concluded, and Haldar has been in custody for nearly two months. The defense also contended that nothing remains to be seized or recovered from her possession, arguing that her continued detention until trial would be unnecessary and unjust.
Prosecution’s Objections to Bail
The prosecution opposed Haldar’s bail application, emphasizing that her release could potentially jeopardize the case. Prosecutors argued that Haldar might interfere with witness testimonies or tamper with evidence if released. They further claimed there was a risk of her absconding, given her alleged status as an illegal immigrant. Given these factors, they urged the court to reject the bail application.
Judicial Reasoning and Reference to Precedents
In reviewing the application, Judge Sasne referenced rulings from both the Bombay and Karnataka High Courts, particularly cases involving Bangladeshi nationals. He cited the case of Aayesha Siddhika Salim Mulla vs. The State of Maharashtra, where the Bombay High Court granted bail to an accused facing similar charges. Additional judgments from the Karnataka High Court reinforced the view that in such cases, bail can be granted if reasonable conditions are imposed to ensure the accused’s attendance during trial proceedings.
Judge Sasne noted that Haldar’s claims of Indian nationality, supported by her Aadhaar card, warranted further examination but that it was not the appropriate time to scrutinize the case’s merits fully. He concluded that Haldar should be granted bail under strict conditions to prevent any interference with the judicial process.
Conditions for Bail
The court stipulated several stringent conditions for Haldar’s release:
- Bail Bond: Haldar must furnish a bail bond of ₹25,000 with one or two sureties of the same amount.
- Prohibition on Witness Tampering: She must not tamper with any evidence or influence witnesses in any manner.
- Regular Reporting: Haldar must report to the concerned police station every Saturday between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
- Provisional Cash Bail: A cash bail option of ₹25,000 was granted temporarily. However, Haldar is required to provide sureties within four weeks; failing this, her bail would be forfeited.
- Travel Restrictions: Haldar is prohibited from leaving India without prior court permission.
In addition to these conditions, the court directed Haldar to appear for all trial hearings unless she is granted an exemption by the court.
Judicial Perspectives on Bail in Immigration Cases
This case highlights ongoing judicial deliberations on bail for alleged illegal immigrants in India, particularly those presenting documentation suggesting potential legal residency. The court’s reliance on precedents from the Bombay and Karnataka High Courts indicates a cautious yet balanced approach, ensuring that the legal process continues without unnecessary infringement on individual rights.
The ruling serves as a reminder of the judiciary’s responsibility to weigh personal liberty against public security concerns, especially in cases where nationality and immigration status are in dispute. Judge Sasne’s decision underscores the notion that bail should be granted when conditions are likely to mitigate risks of absconding or tampering with the investigation.
Impact and Next Steps
The court’s decision to grant bail marks a critical development in Haldar’s case, allowing her to remain free while adhering to judicial restrictions. The case, however, remains active, and Haldar’s residency status will undergo further scrutiny as her legal proceedings continue.
