The Court of Session for Greater Bombay, through an order dated April 3, 2024, rejected the regular bail application of Munir Zafar Shaikh @ Moni Miya Shaikh, an individual apprehended as an alleged illegal migrant from Bangladesh. The bail application, Criminal Bail Application No. 837 of 2024, was heard by Additional Sessions Judge Rajesh A. Sasne, who based the decision largely on the advanced stage of the trial and the high risk of the applicant fleeing from justice. The applicant was arrested in connection with LAC No. 517/2023, registered by the SBI CID Branch (MHB Colony Police Station), for offenses punishable 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.
The prosecution’s case, which was initiated based on intelligence, alleges that the applicant, a 40-year-old painter residing in Mira Bhayandar, Thane, was an illegal migrant from Bangladesh. He was arrested on October 4, 2023, for his alleged failure to possess valid proof of Indian citizenship or a valid visa for entry into India. The core of the charges relates to unauthorized entry and presence in the country, which are serious breaches of immigration and passport laws.
The applicant, represented by Adv. Hiralal Choudhary, sought bail under Section 439 of the Criminal Procedure Code. His defense argued that he was an Indian national who had been falsely implicated. As proof of his identity and residence, the applicant claimed to possess an Aadhar Card and a PAN Card. He emphasized that he had already completed custodial interrogation, nothing was left to be seized or recovered, and as a permanent resident of his stated address, there was no justifiable reason to keep him detained until the conclusion of the trial. The applicant had previously had his bail application rejected by the Metropolitan Magistrate on January 25, 2024, which noted that the mere possession of a PAN Card and Voter Card cannot be considered definitive proof of Indian citizenship.
The application was strongly opposed by the prosecution, represented by APP Iqbal Solkar, who reiterated the legal contention that the accused was an illegal migrant and therefore posed a significant flight risk. The prosecution further argued that releasing the accused on bail could lead to the threatening of prosecution witnesses and tampering with evidence.
The crucial factor that determined the Sessions Court’s decision was the stage of the trial. Upon reviewing the roznama (daily record) dated March 27, 2024, of the case pending before the Metropolitan Magistrate, the Court noted that the statement of the accused under Section 313 of Cr.P.C. had already been recorded. This procedural step signifies that the prosecution’s evidence has been closed and the trial is now at the stage of the defense evidence.
Judge Rajesh A. Sasne concluded that there was substance in the prosecution’s contention that the case is likely to be finished within a short span of time. Given the serious nature of the allegations—illegally crossing international borders and unauthorized stay—coupled with the imminent conclusion of the trial, the Court held that releasing the accused on bail at this late stage would significantly increase the chances of him fleeing away from justice.
In its final order, the Court stated, “Considering the progress of trial, I am of the view that it is desirable to reject the bail application.” Consequently, Criminal Bail Application No. 837 of 2024 was rejected and disposed of. This ruling underscores the judicial reluctance to grant bail in cases involving foreigners and alleged illegal migration, particularly when the trial is nearly complete, prioritizing the need to secure the presence of the accused over the right to liberty pending the verdict.