Mumbai, January 17, 2024 — In a significant development, the Court of Sessions for Greater Bombay, under the stewardship of Additional Sessions Judge Rajesh A. Sasne, has granted bail to 26-year-old Abushahid Abdul Hamid Alimiya, accused of passport forgery and violation of the Foreigners Act. The bail, granted on January 15, 2024, came with strict conditions aimed at ensuring compliance with the legal process.
Case Background
Abushahid, a resident of Navi Mumbai, was arrested on December 9, 2023, by the Crime Branch Unit VI. He was charged under Sections 465, 467, 468, and 471 of the Indian Penal Code for forgery-related offences, along with provisions under the Passport (Entry into India) Rules, 1950, the Foreigners Order, 1948, and Section 14 of the Foreigners Act, 1946. These charges stemmed from allegations of forging documents and illegally entering the country.
The prosecution argued that the accused posed a threat to public order and justice, citing concerns over potential witness intimidation, evidence tampering, and the possibility of fleeing the country. However, the defense maintained that Abushahid was an Indian citizen, producing documents such as a birth certificate, driving license, election card, and Aadhaar card to substantiate his claims.
Judicial Observations
The court weighed arguments from both sides, with legal precedents playing a pivotal role in shaping the judgment. Judge Sasne referred to landmark cases, including:
- Aayesha Siddhika Salim Mulla vs. State of Maharashtra (Bombay High Court): A case where bail was granted under similar circumstances.
- Archona Purnima Pramanik vs. State of Karnataka (Karnataka High Court): Another instance of bail granted to a Bangladeshi national under stringent conditions.
- Babul Khan & Ors. vs. State of Karnataka & Ors.: This case provided additional insights into the treatment of accused individuals in analogous situations.
The court noted that the investigation was complete, and no further recoveries were pending. The judge emphasized that granting bail with adequate safeguards would not compromise the trial process.
Bail Conditions
Abushahid was granted bail with the following conditions:
- Surety and Bond: A personal and surety bond of ₹25,000, with one or two sureties.
- Weekly Reporting: The accused must report to the concerned police station every Saturday between 11:00 a.m. and 2:00 p.m. until the filing of the charge sheet.
- Travel Restrictions: He cannot leave India without the court’s prior permission.
- Non-Tampering Clause: The accused must not tamper with witnesses or evidence.
- Provisional Cash Bail: Allowed, with a four-week window to furnish surety, failing which the cash bail will be forfeited.
Judicial Rationale
The court highlighted the principle that bail should not be denied as a punitive measure, particularly when the accused’s compliance can be ensured through reasonable restrictions. Judge Sasne remarked, “The merit of the case, including the question of the accused’s nationality, will be determined during trial, but at this stage, prolonged detention is unwarranted.”
Broader Implications
The case underscores the complexities surrounding allegations of illegal migration and document forgery. Legal experts see this judgment as reinforcing the judiciary’s commitment to balancing civil liberties with the need for stringent oversight in cases involving national security concerns.
Next Steps
While Abushahid has been released on bail, the court has imposed strict compliance measures. The prosecution, represented by APP Mr. Iqbal Solkar, has signaled its intent to monitor the case closely. Meanwhile, defense counsel Mr. Atal Dubey expressed satisfaction, stating, “This order restores faith in due process and justice.”
The case continues to attract significant public attention, with implications for immigration law enforcement and the treatment of alleged foreign nationals in India.
