Mumbai, January 25, 2022 – The Sessions Court for Greater Bombay has rejected the bail application of Najrul Sajjad Ali Shaikh, a Bangladeshi national arrested for illegal residency in India. Additional Sessions Judge M.G. Deshpande, presiding over Court Room No. 16, denied the bail application (Bail Application No. 84 of 2022), citing national security concerns and the continuous nature of the offense.

Shaikh was arrested in connection with L.A.C. No. 59/2021, registered at Vakola Police Station, for violating the provisions of the Foreigners Act.

The Allegations and Arrest:

According to the prosecution, on December 9, 2021, while patrolling in the Vakola Police Station jurisdiction, officers received secret information that a Bangladeshi national would be coming to work near Panama Compound, Chunabhatti, Shastrinagar, Santacruz (E), Mumbai. They laid a trap and apprehended Shaikh, who, upon inquiry, admitted to being a citizen of Bangladesh residing in Kalwa, Thane. He was unable to produce any valid documents authorizing his entry or stay in India and provided his native address as Bakda, Jigargacha, Jashor, Bangladesh.

Defense Arguments:

Shaikh, through his advocate Hiralal Choudhary, applied for bail.

Prosecution’s Objections:

The prosecution, represented by Additional Public Prosecutor (APP) Rashmi Tendulkar, strongly opposed the bail application. They argued that Shaikh had been illegally residing in India since 2006 without any valid documents and was a citizen of Bangladesh. They contended that the application should be rejected.

Court’s Analysis and Decision:

Judge Deshpande, after hearing arguments and reviewing the record, made the following observations:

• Illegal Residency: The court noted that Shaikh had admitted to being a Bangladeshi citizen and was unable to produce any valid documents for his stay in India.
• National Security Concerns: The court expressed concern about the increasing number of illegal Bangladeshi residents in Mumbai and the lack of control over such activities.
• Continuous Offense: The court emphasized that illegal residency is a continuous offense, and granting bail would effectively allow the accused to continue committing the offense.
• Previous Rejection: The court noted that Shaikh’s first bail application had been rejected by the Metropolitan Magistrate, who had observed that Shaikh was involved in the alleged crime and was staying in India without authorization.
• Lack of Prima Facie Case: The court concluded that Shaikh had not made out a strong prima facie case for bail.

Judge Deshpande stated that unless Shaikh faced trial, granting bail would amount to permitting him to continue and repeat the same offense.

Significance of the Order:

This order highlights the court’s emphasis on:

• National Security: The court prioritized national security concerns related to illegal immigration.
• Continuous Offense: The court recognized the continuous nature of the offense of illegal residency.
• Strict Enforcement of Immigration Laws: The court demonstrated a strict approach to enforcing immigration laws.
• Consistency in Rulings: The court upheld the previous ruling of the Metropolitan Magistrate.
• Lack of Valid Documentation: The courts focus on the lack of valid documentation.

This ruling underscores the court’s firm stance against illegal immigration and its commitment to upholding national security.