Intro Summary
The Court of Session for Greater Bombay has granted bail to Ashiya Ismail Shaikh (51), an accused in a case involving alleged illegal migration and violation of Indian entry rules. The order, passed by Additional Sessions Judge Rajesh A. Sasne on May 8, 2024 (Bail Application No. 1162 of 2024), addresses offenses under the Passport (Entry into India) Rules, 1950, the Foreigners Order, 1948, and Section 14 of the Foreigners Act, 1946. The Court’s decision was heavily influenced by precedents set by the Bombay High Court and Karnataka High Court in similar cases involving foreign nationals, concluding that continued detention was unwarranted, particularly since the investigation was complete and the applicant was arrested back in January 2024.
Prosecution’s Arguments and Case Details
The prosecution’s case stems from LAC No. 69/2024 registered with Malvani Police Station (SBI CID I Branch), alleging that Ashiya Ismail Shaikh is an illegal migrant and has violated laws governing entry and stay in India. She was arrested on January 13, 2024. The prosecution opposed the bail application vehemently, filing replies (Exh. 2 and Exh. 3) based on the following apprehensions:
- The seriousness of the offenses under the Passport and Foreigners Acts.
- The possibility of the accused fleeing from justice.
- The possibility of threatening prosecution witnesses and tampering with evidence.The prosecution thus sought the rejection of the bail application.
Defense’s Arguments
Advocate Mohd. Aslam, appearing for Ashiya Ismail Shaikh, argued that the applicant was falsely implicated and arrested on January 13, 2024. The defense highlighted:
- Investigation is over, and nothing further is to be seized or recovered from her possession.
- The applicant is currently in judicial custody and has completed custodial interrogation.
- The applicant produced a copy of her Aadhar Card in support of her contention that she is an Indian National, making the matter of whether she is an illegal migrant a “matter of merit to verify” during the trial.
- She is a permanent resident of her given address in Thane (Nalasopara, Vasi).The defense argued that continued pre-trial detention was pointless.
Court’s Analysis and Rationale (Addl. Sessions Judge Rajesh A. Sasne)
The Court acknowledged the prosecution’s allegations that the applicant is an illegal migrant but recognized the applicant’s production of an Aadhar Card as prima facie evidence supporting her claim of being an Indian national. The Judge placed significant reliance on judicial precedents in similar cases:
- Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra (Bombay High Court).
- Archona Purnima Pramanik V/s. State of Karnataka.
- Babul Khan and Ors. V/s. State of Karnataka and Ors.
The Court specifically noted that the Hon’ble Bombay High Court in Aayesha Mulla’s case granted bail in similar facts, and the Hon’ble Karnataka High Court also granted bail to Bangladeshi citizens in the cited judgments. The Court concluded that since the investigation was over and relying on the ratio of superior courts in similar cases, Ashiya Ismail Shaikh was entitled to bail, provided reasonable conditions were imposed to secure her presence.
The application was allowed. Ashiya Ismail Shaikh was released on a P.B. and S.B. of ₹20,000/- with one or two sureties. The conditions imposed included:
- The applicant must regularly attend the dates of hearing unless exempted.
- The applicant shall not tamper with the prosecution witnesses and evidence.
- The applicant shall not leave India without the Court’s prior permission.
- Provisional cash bail in the like amount (₹20,000/-) was allowed for four weeks to furnish the surety.