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Cri BA No.546-2024
MHCC020036102024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.546 OF 2024
Muaina Noor Alam Khan @ Moyana Begum]
Badshah Khan,
] …Applicant.
Versus
The State of Maharashtra
]
(At the instance of Dadar Police Station Vide FIR ]
No.325 of 2023)
] …Respondent.
Advocate Sabiha Sayed for applicant /accused.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
16th MARCH, 2024.

:
ORDER
The applicant, who is arrested in connection with FIR
No.325 of 2023 registered with Dadar Police Station for offence under
section 14 of Foreigners Act, 1946, sections 3A and 6A of Passport
Rules, 1950 and section 3(1)(A) of Foreigners Order 1948, has
preferred present application for regular bail.
2.
Heard
Read application and reply Exh.2 filed by the prosecution.
learned
Advocate for the
investigating officer.

applicant, learned
APP
and
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3.
Bangladesh.

Cri BA No.546-2024
As per the case of prosecution, the applicant is a citizen of
She illegally immigrated and entered in India. On
21.07.2023 she was found Near Salamat Mansion, in front of Ravindra
Natya Mandir, Sayani Road, Dadar (West), Mumbai. Initially, she gave
evasive answers when inquired about documents of Indian Citizenship.
Thereafter, it was revealed that she is a citizen of Bangladesh and was
holding passport of Bangladesh.

She was not able to produce any
document to show her Indian Citizenship.

She contracted marriage
with co-accused Noor Alam Jainual Rehman, a resident of West Bengal
by nikahnama. Therefore, FIR came to be filed against the applicant and
co-accused Noor Alam Jainual Rehman.
4.

The applicant seeks bail on the grounds that the
investigation is complete and charge-sheet has been filed therefore,
custody of the applicant is not necessary for investigation.

The
applicant is falsely implicated. She is a poor lady, having a daughter of
five years of age. There is nothing on record to show that applicant is a
foreign national. She is in custody since last eight months. She is
suffering from kidney disease. She is permanent resident of the address
mentioned in her Aadhar Card therefore, she prays for release on bail.
5.

Prosecution opposed bail on the ground that the passport
and nikahnama found with the applicant show that she is a citizen of
Bangladesh. Co-accused Noor Alam Jainual Rehman is not remaining
present in the trial Court and therefore, Ld. trial Court has issued arrest
warrant against him. Applicant may flee from justice as she has no
permanent address. The case before learned trial Court is pending at
fag end of the trial and therefore, applicant can not be admitted to bail.

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6.

Cri BA No.546-2024
Learned Advocate for the applicant made submissions in
the light of contentions raised in the application.

She submits that
accused No.2 is granted bail by the Court and under section 437 (1)
and (7) of Cr.P.C., the applicant is also entitled to bail. On the other
hand, as per the submissions of learned APP and Investigating Officer,
there is apprehension that applicant may abscond if she is granted bail
as she is a foreign national having no permanent address in Navi
Mumbai or in India.
7.

I have carefully considered submissions of both sides.

During the course of argument learned Advocate for the applicant
produced on record copy of charge-sheet filed by investigating agency
before the Court of first instance. It appears from charge-sheet that
despite of giving sufficient opportunity to the applicant, she could not
produce any document in support of her Indian Citizenship. On the
other hand, she was found possessing passport of Bangladesh and
nikahnama in which her address is mentioned at Dhaka, Bangladesh.
Therefore, prima facie the applicant is a foreign national.
8.

The applicant has produced on record copy of her Aadhar
Card and Aadhar Card of her daughter in which address of Navi
Mumbai, Thane is mentioned. Copy of PAN Card is also produced on
record. However, in the light of charges against the applicant, these
documents are prima facie doubtful. It is submitted by investigating
officer that the trial before learned trial Court is being proceeded
expeditiously and very few witnesses are remained to be examined.
Thus, it appears that the trial of the case can be concluded within short
span.

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9.

Cri BA No.546-2024
The applicant could not produce any document to support
her claim regarding Indian Citizenship. If she is released on bail, there
is every possibility that she may flee and it will be difficult to secure her
presence for trial of the case.

Another accused appears to be
absconding and learned trial Court was required to issue arrest warrant
to secure his presence.
10.

Learned Advocate for the applicant placed reliance upon
judgment of the Apex Court in P. Chidambaram V/s. Central Bureau of
Investigation, AIR 2019 SC 5272. I have gone through the above
judgment. The principle “bail is a rule and jail is an exception” can not
be made applicable to the facts of the present case as the applicant is
prima facie a foreign national and there is apprehension that she may
flee if released on bail. In these circumstances, in the facts of the
present case, the applicant can not be admitted to bail and the
application is liable to be rejected. Therefore, I pass following order:
ORDER
1.

Criminal Bail Application No.546 of 2024 filed by the applicant
Muaina Noor Alam Khan @ Moyana Begum Badshah Khan in
connection with FIR No.325 of 2023 registered with Dadar Police
Station is rejected.
2.

Criminal Bail Application No.546 of 2024 is disposed off
accordingly.

Date : 16/03/2024
Order Dictated on: 16/03/2024
Transcribed on : 16/03/2024
Checked on
: 16/03/2024
Signed on
: 16/03/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
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Cri BA No.546-2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Room No.)
THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
of 16.03.2020
JUDGEMENT /ORDER signed by 16.03.2020
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