Mumbai, India – January 10, 2024 – A Mumbai Sessions Court has granted bail to Rozina Kuran Sardar, a woman accused of illegal migration, citing the documents she presented as evidence of her Indian nationality. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, granted bail to Sardar in Criminal Bail Application No. 7 of 2024.

Sardar, 30, was arrested on July 24, 2023, in connection with L.A.C. No. 29/2023 registered with SBI, CID I Branch. She 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.

Applicant’s Claims and Evidence:

Sardar’s defense argued that she was falsely implicated and that she is an Indian national. She presented Aadhar Card and PAN card as evidence of her citizenship. The defense also highlighted that the investigation was complete, the charge sheet was filed, and no further recoveries were pending.

Prosecution’s Objections:

The prosecution opposed the bail, arguing that Sardar was an illegal migrant and that her release posed a risk of her fleeing justice or tampering with evidence.

Court’s Reasoning and Precedent:

Judge Sasne, after reviewing the case records and hearing arguments from both sides, noted that the core issue was to determine whether Sardar was an illegal migrant. He referred to several previous judgments, including:

• Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh v. The State of Maharashtra (Bombay High Court): In a similar case, the Bombay High Court granted bail to an accused where no recovery was pending.
• Archona Purnima Pramanik v. State of Karnataka (Karnataka High Court): The Karnataka High Court granted bail to individuals accused of being Bangladeshi citizens.
• Babul Khan and Ors. v. State of Karnataka and Ors. (Karnataka High Court): The Karnataka High Court also granted bail to individuals accused of being Bangladeshi citizens.

Judge Sasne, relying on these precedents, observed that the Bombay High Court had granted bail in similar circumstances where no further recovery was needed. He also noted the Karnataka High Court’s decisions to grant bail to individuals accused of being foreign nationals. He concluded that if reasonable conditions were imposed to secure Sardar’s attendance, she would be entitled to bail.

Bail Conditions:

Sardar was granted bail on the following conditions:

• She must furnish a personal bond and surety bond of Rs. 20,000.
• She shall not tamper with prosecution witnesses or evidence.
• She shall regularly attend the court hearings unless exempted.
• She shall not leave India without prior permission of the court.
• Provisional cash bail was allowed, with the condition that sureties must be furnished within four weeks.

Implications:

The court’s decision highlights the importance of documentary evidence in determining citizenship and the judiciary’s approach to bail in cases involving alleged illegal migration. It also showcases how courts will look to previous rulings from higher courts when making their decisions. The granting of bail based on the presented documents indicates that the court found them to be of sufficient weight to allow for the release of the accused.