Mumbai, April 10, 2024 – Two residents of Navi Mumbai, Mohd. Abdullah S/o Gulam Mustafa Shaikh (21) and Mahabur Ajibar Midda (52), have been granted bail by the Sessions Court for Greater Bombay in connection with a case alleging illegal migration. The court, presided over by Additional Sessions Judge Rajesh A. Sasne in Court Room No. 30, issued the order on April 5, 2024.
The case, registered as LAC No. 01/2024 with the SBI CID I Branch, charged the applicants 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.
Background and Arguments:
The applicants were arrested on February 9, 2024, and have been in custody since then. They filed a bail application under Section 439 of the Criminal Procedure Code, arguing that they were falsely implicated and that the investigation was complete, with no further seizures or recoveries pending. They also asserted their status as permanent residents, thereby minimizing the risk of flight.
Advocate Mohd. Aslam represented the applicants, while Additional Public Prosecutor (APP) Iqbal Solkar appeared for the State. The prosecution opposed the bail application, expressing concerns about the applicants potentially threatening witnesses, tampering with evidence, and fleeing from justice.
Court’s Reasoning and Decision:
Judge Sasne noted that the core issue was to determine whether the applicants were indeed illegal migrants, a matter to be adjudicated on merit. He referred to several precedents, including:
- Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra (Bombay High Court)
- Archona Purnima Pramanik V/s. State of Karnataka (Karnataka High Court)
- Babul Khan and Ors. V/s. State of Karnataka and Ors. (Karnataka High Court)
Drawing on these rulings, particularly the Bombay High Court’s decision in Aayesha Mulla’s case, which granted bail in similar circumstances where no further recovery was pending, and the Karnataka High Court’s decisions granting bail to Bangladeshi citizens, Judge Sasne concluded that bail could be granted with appropriate conditions to ensure the applicants’ attendance.
Bail Conditions:
The court granted bail to both applicants, ordering their release upon furnishing a personal bond and surety bond of Rs. 25,000 each. The following conditions were imposed:
- The applicants must not tamper with prosecution witnesses or evidence.
- They must regularly attend the concerned police station on the 1st and 3rd Saturday of every month until the charge sheet is filed.
- They must not leave India without prior court permission.
- They must appear before the concerned Magistrate as required.
The court also allowed a provisional cash bail, requiring the applicants to furnish surety within four weeks of their release, failing which the cash bail would be forfeited.
Order Details:
The order was dictated on April 5, 2024, transcribed on April 6, 2024, and signed on April 10, 2024. The certified copy was uploaded on April 10, 2024, at 2:24 p.m.
This decision highlights the judiciary’s approach to balancing individual liberty with the need to enforce immigration laws, particularly when the investigation is complete and appropriate conditions can be imposed to ensure the accused’s compliance with the legal process.