Mumbai, Maharashtra – [Insert Date of News Publication, likely shortly after April 18th, 2024] – The Additional Sessions Judge for Greater Bombay, Mr. Rajesh A. Sasne, presiding in Court Room No. 30, has granted bail to Mohammad Yasin Yusuf Shaeikh (33) and Saiful Nooramin Gazi (22), both residents of Panvel, Raigadh district. The order, dated April 10, 2024, pertains to Criminal Bail Application No. 929 of 2024.

The two applicants were arrested on March 7, 2024, in connection with LAC No. 01/2024 registered with the SBI CID I Branch. They are accused of offences punishable under Section 3 read with Section 6 of the Passport (Entry into India) Rules, 1950, Section 3(1) of the Foreigners Order 1948, along with Section 14 of the Foreigners Act, 1946, for allegedly being illegal migrants.

Advocate Hiralal Choudhary appeared on behalf of the applicants, while Mr. Iqbal Solkar, the Additional Public Prosecutor (A.P.P.), represented the State.

In their bail application, Mr. Shaeikh and Mr. Gazi claimed they were falsely implicated in the case. They stated that nothing was to be seized or recovered from them and highlighted that Mr. Shaeikh possessed an Aadhar Card, Driving License, and PAN Card. They argued that they had undergone custodial interrogation and were now in judicial custody, with the investigation concluded and the charge sheet filed. Therefore, they contended that there was no reason to keep them incarcerated until the trial’s conclusion, especially as they are permanent residents of their given address.

The prosecution opposed the bail application, asserting that releasing the accused would pose a risk of them threatening prosecution witnesses, tampering with evidence, and fleeing from justice, given the nature of the alleged offences under the Passport (Entry into India) Rules and the Foreigners Act.

After hearing the arguments and reviewing the case records, Judge Sasne noted the prosecution’s contention that the applicants were arrested as illegal migrants. He also acknowledged that Applicant No. 1, Mr. Shaeikh, had produced documents like an Aadhar Card, Driving License, and PAN Card to assert his Indian nationality. The court recognized that the veracity of their status as illegal migrants was a matter to be determined during the trial.

Judge Sasne then referred to several judgments, including:

1. Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra (Bombay High Court in BA No. 3211 of 2022, 3216 of 2022, and 3217 of 2022)
2. Archona Purnima Pramanik V/s. State of Karnataka (Karnataka High Court in MANU/KA/0296/2020)
3. Babul Khan and Ors. V/s. State of Karnataka and Ors. (Karnataka High Court in MANU/KA/2159/2020)

The court observed that the Bombay High Court in the Aayesha Mulla case, with similar facts, had granted bail to the accused. The Karnataka High Court in the cited judgments had also granted bail to Bangladeshi citizens. Judge Sasne concluded that if reasonable conditions were imposed to ensure the accused’s attendance, they would be entitled to be released on bail.

Consequently, the court passed the following order:

ORDER

1. Bail Application No. 929 of 2024 is allowed.
2. Applicant No. 1 / Accused Mohammad Yasin Yusuf Sheikh and Applicant No. 2 / Accused Saiful Nooramin Gazi, arrested in LAC No. 01/2024 under Section 3 r/w Section 6 of the Passport (Entry into India) Rules, 1950, Section 3(1) of the Foreigners Order 1948 along with Section 14 of the Foreigners Act, 1946, registered with SBI CID I Branch, be released on bail on furnishing a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹25,000/- (Rupees Twenty-Five Thousand Only) each, with one or two sureties.
3. The applicants / accused shall not tamper with the prosecution witnesses and evidence in any manner.
4. The applicants / accused shall regularly attend the dates of hearing of the case, unless exempted by the learned Trial Court.
5. Provisional cash bail in the like amount is allowed. The accused shall furnish surety within 4 weeks from the date of release from jail, failing which the cash bail shall stand forfeited without any separate order to that effect.
6. The applicants / accused shall not leave India without prior permission of the Court.
7. Bail to be furnished before the concerned Magistrate.

The order was dictated on April 10, 2024, transcribed on April 13, 2024, and signed by Additional Sessions Judge Mr. Rajesh A. Sasne on April 18, 2024. The certified true and correct copy of the original signed order was uploaded on April 18, 2024, at 3:21 p.m. by stenographer Mr. J.S. Chavan.

This order grants temporary freedom to Mr. Shaeikh and Mr. Gazi while their case regarding their alleged illegal migrant status proceeds in court. The conditions imposed aim to ensure their presence during the trial and prevent any obstruction of justice. The reference to previous High Court judgments in similar cases highlights a precedent for granting bail in such matters.