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B.A.967/24
MHCC020060972024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.967 OF 2024
Mohammed Yunus Mohammed Ismail
Alias Mohammed Hanif Abdul Subhan Shaikh
Age : 35 years, Occ : Kazi,
R/o Room No.4, Madh Jetty Road,
Daryamant Church Satare Wadi,
Madh Island, Vesava, Mumbai 400061.

… Applicant
– Versus The State of Maharashtra
(Through Wadala Police Station
vide C.R.No.225/2023)
… Respondent
Appearance :Adv. Sabina Sayed for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.225/2023 registered with Wadala Police Station for the
commission of offences punishable under Section 3(a) r/w Section 6(a)
of Passport (Entry into India) rules, 1950, u/sec.3(1)(a) of Foreigners
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B.A.967/24
Order 1948 alongwith Section 14 of the Foreigners Act, 1946 and
Section 465,468,471,420 of the Indian Penal Code.
2.

It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 27.12.2023. Nothing
is to be seized or recovered from his possession. The applicant is having
Aadhar Card, Ration Card, Election Card, Marriage Certificate, PAN
Card. He has undergone custodial interrogation and now he is in
judicial custody. Investigation is completed. Charge sheet is filed.
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. He is permanent resident of his given address
therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. The contention of the prosecution is that the accused has
committed offence punishable u/sec.3(a) r/w Section 6(a) of Passport
(Entry into India) rules, 1950, u/sec.3(1)(a) of Foreigners Order 1948
alongwith Section 14 of the Foreigners Act, 1946 and Section 465, 468,
471, 420 of the Indian Penal Code. 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 he will flee away from the justice. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, handwritten say filed by the
respondent. Heard the ld. Advocate for the applicant and ld. advocate
for the respondent.

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5.

B.A.967/24
It is the case of the prosecution that the police have
arrested the applicant / accused as illegal migrant. He is arrested on
27.12.2023. The applicant has produced various documents in support
of his contention that he 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 Aayesh Mullas case supra in similar facts
granted bail to the accused. The Hon’ble Karnataka High Court in the
aforesaid judgments also granted bail Bangaladesh citizens. The ld
Metropolitan Magistrate has rejected his bail application by order dated
15.02.2024. If reasonable conditions to secure the presence of the
accused are imposed he 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.967 of 2024 is allowed.

2]
Applicant / Accused Mohammed Yunus Mohammed Ismail Alias
Mohammed Hanif Abdul Subhan Shaikh, arrested in C.R.No.225/2023
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B.A.967/24
under Section 3(a) r/w Section 6(a) of Passport (Entry into India) rules,
1950, u/sec.3(1)(a) of Foreigners Order 1948 alongwith Section 14 of
the Foreigners Act, 1946 and Section 465, 468, 471, 420 of the Indian
Penal Code registered with Wadala Police Station be released on bail on
furnishing P.B. and 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 concern Magistrate.
RAJESH
ANIRUDDHA
SASNE
Date : 29/04/2024
Dictated on
Transcribed on
Signed by HHJ on
: 29.04.2024
: 30.04.2024
: 03.05.2024
Digitally signed by
RAJESH
ANIRUDDHA SASNE
Date: 2024.05.04
16:21:46 +0530
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.967/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
03/05/2024
11.07 a.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
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 29/04/2024
ORDER signed by P.O. on
03/05/2024
ORDER uploaded on
03/05/2024