Mumbai, January 12, 2024 – A Sessions Court in Mumbai has granted bail to Taniya Hriday Shaikh, a 32-year-old housewife, who was arrested under multiple sections of the Passport (Entry into India) Rules, 1950, the Foreigners Order, 1948, and the Foreigners Act, 1946. The bail application was heard before Additional Sessions Judge Rajesh A. Sasne in Court Room No. 30.
Case Background
Shaikh was arrested on October 16, 2023, by the D.B. Marg Police Station in connection with C.R. No. 330/2023. She was accused of illegally residing in India and 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.
Her defense counsel, Advocate Tabssum B.A. Khan, argued that Shaikh was falsely implicated in the case and presented documents, including an Aadhaar card, to establish her Indian nationality. The defense further contended that she had already undergone custodial interrogation, the investigation was complete, and the charge sheet had been filed, leaving no reason to keep her in judicial custody.
Prosecution’s Argument
The prosecution, represented by A.P.P. Mr. Iqbal Solkar, opposed the bail plea, arguing that Shaikh’s release could lead to tampering with evidence and intimidation of witnesses. Additionally, they raised concerns that she might flee from justice.
Court’s Ruling
Judge Sasne took into account precedents set by the Bombay and Karnataka High Courts, citing cases where bail had been granted to individuals under similar circumstances. The court noted that since Shaikh had presented documents to support her nationality claim, the determination of her legal status should be a matter of trial.
The court ruled in favor of granting bail under the following conditions:
- Bail Amount: She was required to furnish a personal bond and surety bond of ₹20,000/- with one or two sureties.
- Non-Tampering Clause: She must not tamper with prosecution evidence or witnesses.
- Court Attendance: She must attend all court hearings unless specifically exempted.
- Provisional Cash Bail: A provisional cash bail in the same amount was granted, with an obligation to furnish surety within four weeks of release.
- Travel Restriction: She cannot leave India without prior court permission.
The court further directed that the bail be executed before the concerned Magistrate.
Conclusion
With this ruling, Shaikh is set to be released while the trial proceeds. The case highlights the legal complexities surrounding foreign nationals and undocumented individuals in India, with courts balancing due process and national security concerns. This decision reinforces the importance of judicial scrutiny in such cases, ensuring that individuals are not unjustly detained without proper evidence.
