Mumbai, May 3, 2024 – Smt. Marjeena Basar Mulla, accused of illegal migration, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge Rajesh A. Sasne allowed Mulla’s bail application (Criminal Bail Application No. 1097 of 2024), citing parity with previous judgments and the documentary evidence provided by the accused.
Mulla was arrested by the Malvani Police Station (SBI CID I Branch) in connection with LAC No. 69/2024, facing charges 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 Mulla was an illegal migrant arrested on January 13, 2024. They argued that if released on bail, she could threaten witnesses, tamper with evidence, or flee from justice.
Defense Arguments:
Mulla’s advocate, Mohd. Aslam, argued that his client was falsely implicated. He stated that Mulla had been in custody since January 13, 2024, and that nothing was to be seized or recovered from her. He presented Aadhar Card, PAN card, and Ration Card as evidence of her Indian nationality. He argued that the investigation was complete and that there was no reason to keep her in custody.
Court’s Decision:
Judge Sasne, after reviewing the application and hearing arguments, noted that Mulla had presented documentary evidence to support her claim of Indian nationality. He also considered previous judgments by the Bombay High Court and the Karnataka High Court, which granted bail to individuals accused of similar offenses.
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 issue of whether Mulla was an illegal migrant was a matter of merit to be determined during the trial. He concluded that imposing reasonable conditions would secure her presence and granted her bail.
Conditions of Bail:
Judge Sasne granted Mulla bail on the following conditions:
- She must furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹20,000 with one or two sureties.
- She must not tamper with prosecution witnesses or evidence.
- She must regularly attend court hearings unless exempted.
- Provisional cash bail of the same amount was allowed, with a four-week deadline to furnish surety.
- She 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:
- Parity: The court considered previous judgments in similar cases.
- Documentary Evidence: The court acknowledged the documentary evidence provided by the accused.
- Conditions to Ensure Presence: The court imposed conditions to ensure the accused’s presence during the trial.
The decision also emphasizes that the determination of nationality is a matter for the trial court to decide.