Mumbai, April 26, 2024 – Mohd. Aakib Hussai, a 29-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court in Mumbai in connection with an illegal immigrant case. Hussai was arrested in connection with LAC No. 10/2024, registered at Shivaji Nagar Police Station (SBI CID I Branch).

The Allegations

Hussai was arrested on January 3, 2024, for offenses under Section 3(a) read with Section 6(a) of the Passport (Entry into India) Rules, 1950, Section 3(1)(a) of the Foreigners Order 1948, and Section 14 of the Foreigners Act, 1946. The prosecution alleged that he was an illegal migrant.

Hussai’s Defense and Arguments

Advocate Mohd. Aslam, representing Hussai, argued that his client was falsely implicated. He emphasized that Hussai had been in custody since January 3, 2024, and that nothing was to be seized or recovered from his possession. Hussai presented an Aadhaar Card as proof of his Indian citizenship. He argued that the investigation was complete, and there was no reason to keep him in custody until the trial’s conclusion.

Prosecution’s Objections

Mr. Iqbal Solkar, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Hussai had committed offenses under the Foreigners Act and Passport Rules. The prosecution contended that if released, Hussai might threaten witnesses, tamper with evidence, or flee from justice.

Court’s Observations and Decision

Additional Sessions Judge Rajesh A. Sasne considered the submissions and documents on record. The court noted that Hussai had presented an Aadhaar Card as evidence of his Indian nationality, which was a matter of merit to verify.

The court referred to the following judgments:

• Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh v. The State of Maharashtra (Bombay High Court)
• Archona Purnima Pramanik v. State of Karnataka (Karnataka High Court)
• Babul Khan and Ors. v. State of Karnataka and Ors. (Karnataka High Court)

“I have gone through the ratios laid down in judgments of Hon’ble Bombay High Court and Hon’ble Karnataka High Court. The Hon’ble Bombay High Court in Aayesh Mullas case supra in similar facts granted bail to the accused. The Hon’ble Karnataka High Court in the aforesaid judgments also granted bail Bangaladesh citizens. The ld Metropolitan Magistrate has rejected his bail application by order dated 06.04.2024. If reasonable conditions to secure the presence of the accused are imposed he will be entitled to be released on bail,” Judge Sasne stated in the order.

The court decided to grant bail subject to conditions.

Bail Conditions

Hussai was granted bail on a personal bond and surety bond of Rs. 20,000 each, with one or two sureties. The court imposed the following conditions:

• Hussai must not tamper with prosecution witnesses or evidence.
• He must regularly attend court hearings.
• Provisional cash bail is allowed, and he must furnish surety within four weeks.
• He must not leave India without prior permission from the court.
• Bail before the concerned magistrate.

Key Points

• Aadhaar Card: The court considered the Aadhaar Card presented by Hussai as evidence of his Indian nationality.
• Precedent: The court relied on judgments from the Bombay and Karnataka High Courts in similar cases.
• Conditions Imposed: The court imposed conditions to ensure Hussai’s presence and prevent him from tampering with evidence.
• Illegal Migrant: The case pertains to allegations of illegal migration.