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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Karnik, J.
Aayesha Siddhika – Appellant
Versus
State of Maharashtra – Respondent
Bail Application No. 3211 of 2022
Decided On : 31-01-2023
BAIL - Criminal Offense - The court allowed the bail applications of the accused individuals who were charged with offenses under the Indian Penal Code, Passport Rules, and Foreigners Act. The court considered the lack of criminal antecedents, the completion of investigation and filing of charge-sheets, and the presence of a 16-month-old child with one of the accused in prison. Stringent conditions were imposed for the release on bail.
Fact of the Case:
The applicants, alleged to be Bangladeshi nationals residing in India with forged documents, were arrested for offenses under the Indian Penal Code, Passport Rules, and Foreigners Act. The applicants had been in India since 2014, and the investigation was complete with charge-sheets filed.
Finding of the Court:
The court allowed the bail applications, considering the lack of criminal antecedents, completion of investigation, and the presence of a 16-month-old child with one of the accused in prison. Stringent conditions were imposed for the release on bail.
Issues: Bail applications in a case involving alleged Bangladeshi nationals residing in India with forged documents and charged under various criminal and immigration laws.
Ratio Decidendi: The court considered the completion of investigation, lack of criminal antecedents, and the presence of a 16-month-old child with one of the accused in prison as factors for allowing the bail applications.
Final Decision: The bail applications were allowed, and the accused individuals were ordered to be released on bail upon furnishing a bond and complying with stringent conditions.
JUDGMENT
1. Heard learned senior advocate for the applicant in BA/ 3211/2022 and learned APP.
2. These are the applications for bail in respect of C.R.No. 03 of 2022 dtd. 17/02/2022 registered with A.T.S. Kalachowki Police Station for the offence punishable under Sec. 420, 465, 466, 467, 468, 471, 472, 474, 34 of the Indian Penal Code, 1860, under Sec. 3 and 6 of the Passport (Entry into India) Rules, 1955, under Sec. 14 of the Foreigners Act, 1946 and Sec. 3(1) of Foreigners Order, 1948.
3. The applicant-Aayesha (in BA/3211/2022) along with her brother Ashif (applicant in BA/3217/2022) and sister-in- law Payal (applicant in BA/3216/2022) came to be arrested on 18/02/2022. It is alleged that they are Bangladeshi nationals and they are residing in India on the basis of forged documents.
4. Learned senior advocate invited my attention to the statements of the witnesses by name Mr.Mohan Ramchandra Navghane and that of Rupesh Prabhakar Choudhary to contend that it is Rupesh who had prepared all forged documents and brought the applicants into India from Bangladesh. In his submission, the applicants are not at all responsible for preparing the forged documents in the nature of school leaving certificate and birth certificate on the basis of the which Indian passport was obtained by the applicant- Aayesha.
5. The applicants are residing in India since the year 2014. Learned APP invited my attention to the supplementary statement dtd. 13/02/2022 of the applicant's father by name Salim Mulla alias Ashik who has stated that he was helped by one person to cross the border and come into India as he needed a job to financially support his wife who was suffering from a disease. It is the applicant's father who brought the applicant and her mother as well as her brother into India.
6. The record reveals that the applicant-Aayesha and Rupesh were in a relationship. A child was born to the applicant-Aayesha who is 16 months old. The child is with the applicant-Aayesha who is presently lodged in Byculla Central Women's prison. Learned APP submitted that the applicants are not the Indian nationals and on the basis of the forged passport are staying in India. The passports have been seized. In the present case, the charge-sheets have been filed and the investigation is complete. If the applicants are to be deported, it is for the authorities to take the appropriate steps in accordance with law if the applicants' residence in India is not authorised. However, so far as the present offence is concerned, the investigation is complete and charge-sheet has been filed. The applicant- Aayesha is a woman and has a child who is 16 months old lodged with her in the Byculla Central Women's prison. The trial is likely to take a long time to conclude. There are no criminal antecedents reported against the applicants. Taking an overall view of the matter, the applicants can be released on bail by imposing some stringent conditions. Hence, the following order.
ORDER
(a) The applications are allowed.
(b) The applicant in BA/3211/2022-Aayesha Urmila Ingale 20. ba 3211.22.doc Siddhika Salim Mulla alias Kajal Salim Shaikh, applicant in BA/3216/2022- Payal Sikandar Shaikh alias Payal Ashik and applicant in BA/3217/2022- Ashif Salim Mulla alias Ashik in connection with C.R.No. 03 of 2022 dtd. 17/02/2022 registered with A.T.S. Kalachowki Police Station shall be released on bail on furnishing P.R. bond in the sum of Rs.25, 000.00 each with one or more local sureties in the like amount.
(c) The applicants shall not leave the jurisdiction of Mumbai / Mumbai Suburban district subject to any order passed by the competent authority for deportation.
(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants should not tamper with evidence.
(e) On being released on bail, the applicants shall furnish their contact
AI
The court considered the completion of investigation, lack of criminal antecedents, and the presence of a 16-month-old child with one of the accused in prison as factors for allowing the bail applica....
Regular bail may be denied when there is prima facie evidence of serious offenses involving illegal entry and the use of forged official documents, particularly when investigations are ongoing and th....
Presumption of guilt is maintained in cases of serious immigration offenses by foreign nationals lacking documentation.
A bail application was granted due to insufficient evidence connecting the applicant to the alleged crime while emphasizing cooperation with the ongoing investigation.
Regular bail may be denied under the Bharatiya Nagarik Suraksha Sanhita when the accused is a foreign national suspected of illegal border crossing and possessing falsified identity documents, where ....
Possession of identity documents is insufficient to establish citizenship when credible evidence raises suspicion; the burden of proof shifts to the accused if allegations of identity fraud are subst....
The court granted pre-arrest bail, determining that custodial interrogation is unnecessary where the accused had no active role in the core act of forgery, despite receiving funds in their bank accou....
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