The Court of Session for Greater Bombay has granted regular bail to Ashiya Ismail Shaikh, who was arrested on charges related to allegedly being an illegal migrant. The court’s decision was heavily influenced by similar cases where the Bombay and Karnataka High Courts previously granted bail to foreign nationals.

Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on May 8, 2024, releasing Shaikh on a Personal Bond (P.B.) and Surety Bond (S.B.) of Rs. 20,000/− with one or two sureties.

Allegations and Status of Investigation

Ashiya Ismail Shaikh was arrested in connection with LAC No. 69/2024 registered with Malvani Police Station. She faces charges under:

• Passport (Entry into India) Rules, 1950: Section 3 read with Section 6.
• Foreigners Order, 1948: Section 3(1).
• Foreigners Act, 1946: Section 14.

The defense, led by Advocate Mohd. Aslam, argued that the applicant was falsely implicated, had been in custody since January 13, 2024, and had an Aadhar Card copy to support her claim of being an Indian National. They stressed that the investigation was over, nothing was recovered from her, and continued detention was unwarranted.

The prosecution, represented by A.P.P. Mr. Iqbal Solkar, opposed the bail, fearing that the accused might flee the jurisdiction or tamper with evidence, given the nature of the offense as an illegal migrant case.

Court Relies on Precedent

Judge Sasne noted that the core issue—whether the applicant is an illegal migrant or an Indian National—is a “matter of merit to verify” during the trial.

Crucially, the court relied on judicial precedents from superior courts in similar cases:

• The judgment of the Hon’ble Bombay High Court in Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra (BA No. 3211 of 2022 and connected matters), where bail was granted in similar facts.
• Judgments from the Hon’ble Karnataka High Court (Archona Purnima Pramanik V/s. State of Karnataka and Babul Khan and Ors. V/s. State of Karnataka and Ors.), where bail was granted even to Bangladeshi citizens.

The court concluded that if “reasonable conditions to secure the presence of the accused are imposed,” the applicant should be released on bail, finding it unnecessary to keep her in jail until the conclusion of the trial.

Conditions of Release

Ashiya Ismail Shaikh was granted a provisional cash bail in the like amount (Rs. 20,000/−) for four weeks to allow time to furnish the solvent surety.

The bail is subject to the following conditions:

• The applicant shall not tamper with the prosecution witnesses and evidence in any manner.
• She must regularly attend the dates of hearing of the case, unless exempted by the trial court.
• She shall not leave India without prior permission of the Court.

The cash bail will be forfeited if the final surety is not furnished within the four-week period.