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B.A.837/24
MHCC020054862024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.837 OF 2024
Munir Zafar Shaikh @ Moni Miya Shaikh
Age 40 years, Occ : Painter
Add : Ghodbandar Zopadpatti,
Mira Bhayandar, Mira Road (E),
Dist. Thane 401 107.

… Applicant
– Versus The State of Maharashtra
(Through SBI CID Branch
(MHB Colony Police Station)
vide LAC No.517/2023)
… Respondent
Appearance :Adv. Hiralal Choudhary for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 03/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
LAC No.517/2023 registered with SBI CID Branch (MHB Colony Police
Station) for the commission of offences punishable u/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.837/24
It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 04.10.2023. Nothing
is to be seized or recovered from his possession. The applicant is having
Aadhar Card. He has undergone custodial interrogation and now he 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. 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/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 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.
5.

It is the case of the prosecution that on the basis of
intelligence, on 04.10.2023 the applicant was caught as illegal migrant
from Bangladesh. According to the police the applicant has no valid
proof to show that he is Indian citizen. He has no valid visa for entering
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B.A.837/24
into India. Therefore, report is lodged and offence is registered against
him.
6.

It is the contention of the applicant that he has been falsely
implicated in the crime. He is an Indian national. He is possessing
Adhar Card and Pan Card.
7.

The bail application has been rejected by the ld
Metropolitan Magistrate by order dated 25.01.2024. He observed that
mere possession of PAN card and Voter card can not be said to be proof
of Indian citizenship. In the reply it is the contention of the prosecution
that charge sheet is filed and trial is about to finish. The prosecution has
produced copy of roznama dated 27.03.2024 of the case pending before
the ld Metropolitan Magistrate. It appears that statement of accused
u/Sec.313 of Cr.P.C. has been recorded. Now case is for defense
evidence. Hence, there is substance in the contention of the prosecution
that case is likely to be finished within short span of time. Considering
the allegation made against him if the accused is released on bail at this
stage there will be chances that he will flee away from the justice.
Hence, considering the progress of trial, I am of the view that it is
desirable to reject the bail application. In the result, I pass the following
order :
ORDER
Bail Application No.837 of 2024 is rejected and disposed of accordingly.
Date : 03/04/2024
Dictated on
Transcribed on
Signed by HHJ on
: 03.04.2024
: 04.04.2024
: 04.04.2024
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.837/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
04/04/2024
5.43 p.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 03/04/2024
ORDER signed by P.O. on
04/04/2024
ORDER uploaded on
04/04/2024