Mumbai, March 2, 2024: The Sessions Court of Greater Bombay, presided over by Additional Sessions Judge Rajesh A. Sasne, has granted bail to Noor Mohd. Mohd. Harun Shaikh, an alleged illegal migrant, in connection with Criminal Bail Application No. 357 of 2024. The accused was arrested under C.R. No. 400/2023 registered at SBI CID I-Branch (Meghwadi Police Station), Mumbai, for offenses 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.
Case Background
The prosecution alleged that the accused was an illegal migrant without valid documentation to reside in India. Following his arrest on November 27, 2023, he remained in judicial custody. The applicant contended that he was falsely implicated and presented documents, including an Aadhaar card, PAN card, and his deceased wife’s death certificate, to support his claim of being an Indian national.
Prosecution’s Objection
The prosecution opposed the bail plea, arguing that Shaikh’s release could lead to witness intimidation, evidence tampering, and the possibility of him fleeing justice. They asserted that his case fell under stringent immigration laws, warranting continued custody.
Court’s Observations and Verdict
After considering the arguments, the court referred to multiple judicial precedents, including:
- 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 & Ors. v. State of Karnataka & Ors. (Karnataka High Court)
These judgments, which granted bail in similar cases, influenced the court’s decision. The judge emphasized that, since the investigation was completed and the charge sheet had been filed, prolonged detention was unnecessary. The court ruled that reasonable conditions would ensure the accused’s presence for trial.
Bail Conditions
- The accused shall be released on bail upon furnishing a personal bond and surety bond of Rs. 25,000.
- He shall not tamper with prosecution witnesses or evidence.
- He must attend all court hearings unless exempted.
- He is granted provisional cash bail for four weeks, after which he must provide sureties, failing which the cash bail will be forfeited.
- He shall not leave India without prior court permission.
The bail order was signed on March 2, 2024, and uploaded the same day.
Legal Implications
The ruling highlights the importance of judicial discretion in cases involving alleged illegal immigration. While the prosecution cited national security concerns, the court prioritized procedural fairness, considering similar cases where bail was granted. The verdict also underscores the judiciary’s role in balancing immigration law enforcement with individual rights.
Shaikh’s bail marks another instance where courts have provided relief to individuals accused of immigration-related offenses, setting a precedent for future cases involving alleged foreign nationals residing in India.