Mumbai, March 2, 2024: In a significant legal development, the Additional Sessions Court of Greater Mumbai granted bail to Irshad Asif Khan, a 51-year-old plumber, who was arrested in connection with an alleged illegal migration case. The court, presided over by Additional Sessions Judge Rajesh A. Sasne, issued the order on February 26, 2024, allowing Khan to be released on a personal bond and surety of Rs. 25,000.
Case Background
Khan was arrested on September 12, 2023, in connection with C.R. No. 41/2023, registered with the SBI CID I-Branch (V.P. Road Police Station), Mumbai. He was charged 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. The prosecution alleged that Khan was an illegal migrant and did not possess valid documentation for residing in India.
Arguments Presented in Court
Defense Arguments
Khan’s legal counsel, Advocate Naziya Baldar, argued that he was falsely implicated in the case and that he possessed multiple identification documents, including an Aadhaar card, PAN card, passport, ration card, and driving license, proving his Indian citizenship. The defense further stated that Khan had already undergone custodial interrogation and was currently in judicial custody. Since the charge sheet had already been filed, there was no need for his continued detention.
Prosecution’s Stand
The prosecution, represented by APP Iqbal Solkar, opposed the bail application, arguing that Khan’s release could result in witness intimidation and tampering with evidence. The prosecution also contended that there was a risk of the accused fleeing justice if granted bail.
Court’s Observations and Ruling
After reviewing the arguments and relevant legal precedents, the court referred to similar cases where bail had been granted, including:
- Aayesha Siddhika Salim Mulla vs. State of Maharashtra (Bombay High Court, BA No. 3211 of 2022, 3216 of 2022, and 3217 of 2022)
- Archona Purnima Pramanik vs. State of Karnataka (MANU/KA/0296/2020)
- Babul Khan and Others vs. State of Karnataka and Others (MANU/KA/2159/2020)
The court observed that in cases of alleged illegal migration, bail had been granted when the accused provided reasonable assurances of cooperation with legal proceedings. Judge Sasne noted that the matter of Khan’s citizenship and legal status would be determined during the trial. The court also stated that since no further recovery or investigation was pending, Khan’s detention was unnecessary.
Bail Conditions
The court granted Khan bail under the following conditions:
- He must furnish a personal bond and surety of Rs. 25,000.
- He must not tamper with prosecution witnesses or evidence.
- He must attend court proceedings regularly unless exempted.
- He may avail provisional cash bail but must furnish sureties within four weeks.
- He cannot leave India without prior court permission.
- The bail order will be executed before the concerned magistrate.
Conclusion
This case underscores the legal complexities surrounding allegations of illegal migration. While the prosecution maintains its stance on Khan’s alleged foreign origin, the defense successfully argued for his release based on legal precedents and personal identification documents. The upcoming trial will further determine Khan’s legal status and potential liability under the Foreigners Act.
For now, Khan is set to be released from custody, pending compliance with the court’s bail conditions. The case continues to be closely watched as it progresses through the judicial system.