Final Order 1

Order Details: Bail Order
Pdf Text: CR No. 703/2024
BA No. 47/BA/2025
of Nirmal Nagar Police Station
ORDER BELOW BAIL APPLICATION OF ACCUSED – MUMTAZ SALIM
MULLA IN CR. NO. 703/2024, BA NO.47/BA/2024 UNDER SECTION
3 OF PASSPORT (ENTRY IN INDIA) RULES, 1920, RULE 6 OF
PASSPORT (ENTRY IN INDIA) RULES, 1950 AND PARA 3(1) R/W
SECTION 14 OF FOREIGNERS CITIZENSHIP ACT 1948 OF NIRMAL
NAGAR POLICE STATION
1. Read the application, say of I.O. and APP.
2. The case of prosecution is that the accused is the
national of Bangladesh. She has entered the territory of India
unauthorizedly and without having valid documents. She is
residing illegally in India since one year and thereby committed
offences punishable under section 3 of (Entry in India) Rules,
1920, Rule 6 of Passport (Entry in India) Rules, 1950 and Para
3(1) r/w Sec. 14 of Foreigners Citizenship Act. After sufficient
police custody, she was remanded to MCR.
3. Accused sought bail on the ground that accused is a
women and arrested on suspicion of being Bangladeshi. Accused is
in jail since 23.12.2024. Actually accused is an Indian citizen and
having her permanent residence at West Bengal, which is a
geographical part of territory of India. She has minor children,
who are born in India. She is ready to abide by conditions imposed
by the court.
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4. Say of Ld. APP was called. He has filed say and resisted
the application.
5. Read the application with say of Ld. APP. Heard Ld.
Advocate for the accused and Ld. APP.
6. Ld. Advocate Mr. Mohd. Aslam for said accused filed
on record bail application No. 3211 of 2022
Aayesha Siddhika
Salim Mulla Vs. The State of Maharashtra, with Bail Application
No.3216 of 2022
Payal Sikandar Shaikh Vs. The State of
Maharashtra with Bail application No.3217 of 2022 of
Ashif Salim
Mulla Alias Ashik Vs. State of Maharashtra of Hon’ble Bombay
Criminal Appellate Jurisdiction dated 31.01.2023. In these
application the Hon’ble High Court has emphasized on the filing of
charge-sheet by the prosecution.
7. The accused has specifically claimed that she is Indian
national. Ld. Advocate for accused has submitted verified copy of
Aadhar Card of accused and Aadhar Card of her husband for
proving her nationality.
8. I.O. & Ld. APP have objected the application on the
ground that accused entered in country without valid documents.
If accused released on bail, she may tamper the prosecution
witnesses or may not available for trial. They both prayed for
rejection.
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9. In these circumstances, the accused has sought bail
almost on similar grounds. She failed to bring on record any
document to show her nationality and origin of her family.
Accused has filed on record her and her husband’s Aadhar Card.
But, the Aadhar Card is not a document to prove
nationality/citizenship. Remand papers shows that said accused is
resident of Mira Road (E), Dist. Thane and having documents
issued by Indian Government Authority. But, No document is
produced to prove her nationality. Though accused is a women, at
this stage her nationality cannot be decided as the investigation is
at very initial stage. Therefore, it is not proper to release accused
on bail. Thus, she is not entitled for bail, though she has no
criminal antecedents. Thus, bail is rejected.
Date : 13.01.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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