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B.A.1162/2024
MHCC020071702024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1162 OF 2024
Ashiya Ismail Shaikh
Aged about 51 years old,
Residing at Room No.001,
Slim Manzil, Tulinj Road,
Nalasopara, Vasi, Thane
… Applicant
– Versus The State of Maharashtra
(Through Malvani Police Station
(SBI CID I Branch) vide LAC No.69/2024)
… Respondent
Appearance :Adv. Mohd. Aslam for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 08/05/2024.
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing her on bail in connection with
LAC No.69/2024 registered with Malvani Police Station (SBI CID I
Branch) for the commission of offences punishable under Section 3
r/w Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of
Foreigners Order 1948 alongwith Section 14 of the Foreigners Act,
1946.

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2.

B.A.1162/2024
It is alleged by the applicant / accused that she is falsely
implicated in the present case. She was arrested on 13.01.2024.
Nothing is to be seized or recovered from her possession. The applicant
is having Copy of Aadhar Card. She has undergone custodial
interrogation and now she is in judicial custody. Investigation is over.
Nothing is to be seized or recovered from the possession of the accused.
Therefore, there is no point in keeping the accused behind bars till
conclusion of trial. She is permanent resident of her given address
therefore she prayed for releasing her on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2 and Exh.3. The contention of the prosecution is that the
accused has committed offence punishable u/sec.3 r/w Section 6 of
Passport (Entry into India) rules, 1950, u/sec.3(1) of Foreigners Order
1948 alongwith Section 14 of the Foreigners Act, 1946. It is alleged by
the prosecution that if the accused is released on bail there is possibility
of threatening of prosecution witnesses. If the accused is released on
bail there is possibility of tampering prosecution evidence. If the
accused is released on bail there is possibility that she will flee away
from the justice. Hence, prosecution prayed for rejection of the
application.
4.

Read the application and reply filed by the respondent.

Heard the ld. Advocate for the applicant and ld. advocate for the
respondent.
5.

It is the case of the prosecution that the police have
arrested the applicant / accused as illegal migrant. She is arrested on
13.01.2024. The applicant has produced Copy of Adhar Card in support
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B.A.1162/2024
of her contention that she is Indian National. It is a matter of merit to
verify whether, the applicant is illegal migrant or not.
6.

I refer to the following judgments :
1. Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The
State of Maharashtra in BA No.3211 of 2022, 3216 of 2022
and 3217 of 2022 (Hon’ble Bombay High Court).
2. Archona Purnima Pramanik V/s. State of Karnataka in
MANU/KA/0296/2020.
3. Babul Khan and Ors. V/s. State of Karnataka and Ors.
MANU/KA/2159/2020.

7.

I have gone through the ratios laid down in judgments of
Hon’ble Bombay High Court and Hon’ble Karnataka High Court. The
Hon’ble Bombay High Court in Aayesha Mulla’s case supra in similar
facts granted bail to the accused. The Hon’ble Karnataka High Court in
the aforesaid judgment also granted bail to Bangaladeshi citizens. The
ld. Metropolitan Magistrate has rejected of the bail application by order
dated 23.04.2024. If reasonable conditions to secure the presence of the
accused are imposed she will be entitled to be released on bail. Hence, I
am of the view to allow the application. In the result I pass the
following order :
ORDER
1]
Bail Application No. 1162 of 2024 is allowed.

2]
Applicant / Accused Ashiya Ismail Shaikh, arrested in LAC
No.69/2024 under Section 3 r/w Section 6 of Passport (Entry into
India) rules, 1950, u/sec.3(1) of Foreigners Order 1948 alongwith
Section 14 of the Foreigners Act, 1946 registered with Malvani Police
Station (SBI CID I Branch) be released on bail on furnishing P.B. and
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B.A.1162/2024
S.B. of Rs.20,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld. Trial Court.
5]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the jurisdictional Court.

Date : 08/05/2024
Dictated on
Transcribed on
Signed by HHJ on
: 08/05/2024
: 08/05/2024.
: 08/05/2024.

( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.1162/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
10/05/2024
4.08 ps.m.

UPLOAD DATE
TIME
Pranit Ghodke
NAME OF TYPIST
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 08/05/2024
ORDER signed by P.O. on
08/05/2024
ORDER uploaded on
10/05/2024