Mumbai, March 22, 2024 – Shakeel Abulhussain Shaikh has been granted bail by the Sessions Court for Greater Bombay in a case involving allegations of illegal migration. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on March 21, 2024.

Shaikh was arrested in connection with C.R. No. 18/2024, registered at the DCB CID Unit-4, for offenses under Sections 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code¹ (IPC), 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.

Background and Allegations:

The prosecution alleged that Shaikh was an illegal migrant. He was arrested on February 21, 2024.

Arguments Presented:

• Applicant’s Argument (Shaikh):
  • He was falsely implicated.
  • He has an Aadhaar card, indicating Indian nationality.
  • He has undergone custodial interrogation, and no further recoveries are pending.
  • He is a permanent resident and will abide by all conditions.
• Prosecution’s Argument:
  • Shaikh committed offenses related to illegal migration and forgery.
  • His release could lead to witness tampering or flight.

Court’s Reasoning and Decision:

Judge Sasne considered the submissions and the record. The court noted:

• Shaikh produced documents, including an Aadhaar card, claiming Indian nationality.
• The question of whether he is an illegal migrant is a matter of trial.
• The court referred to precedents, including:
  • “Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra” (Bombay High Court), where bail was granted in similar circumstances.
  • “Archona Purnima Pramanik V/s. State of Karnataka” and “Babul Khan and Ors. V/s. State of Karnataka and Ors.” (Karnataka High Court), where bail was granted to Bangladeshi citizens.
• The Metropolitan Magistrate had rejected Shaikh’s bail, but the Sessions Court found that imposing reasonable conditions would secure his attendance.
• No recovery is pending against the accused.

Therefore, the court granted bail.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond and surety bond of Rs. 25,000. The following conditions were imposed:

• Shaikh must not tamper with prosecution witnesses or evidence.
• He must attend the concerned police station on the second and fourth Saturdays of each month between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
• He was granted provisional cash bail of Rs. 25,000 and must furnish surety within four weeks, failing which the cash bail will be forfeited.
• He must not leave India without prior court permission.
• Bail to be furnished before the Magistrate.

Order Details:

The order was dictated and transcribed on March 21, 2024, and signed on March 22, 2024. The certified copy was uploaded on March 22, 2024, at 2:49 p.m.

This decision reflects the court’s consideration of the documents produced by Shaikh, the precedents in similar cases, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.