Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 2291 (BOM)

RAJU SAYYEDUL GAZI URFA MASOOD SHAIKH v. STATE OF MAHARASHTRA

BA/1685/2026 · 2026-08-19

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

MANOJ 918-BA-1685-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1685 OF 2026 Raju Sayyedul Gazi Urfa Masood Shaikh …Applicant V/s. The State of Maharashtra …Respondent Mr. Faizaan Qureshi, for the Applicant. Mr. Vinod Chate, APP for the Respondent-State. CORAM: SHYAM C. CHANDAK, J. DATED : 19th AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The Applicant seeks his release on bail in connection with an FIR bearing Cr. No.137 of 2025, registered with Vashi Police Station, District –Navi Mumbai, for the offence punishable under Rule 3 (a) and 6 (a) of the Passport (Entry Into India), Rules, 1950 and Sections 14-A of the Foreigners Act, 1946. 3. The allegations against the Applicant are that, the Applicant entered into the territory of India by preparing false documents like Aadhar Card, Pan Card and cheating by impersonation. Therefore, the aforesaid offence came to be registered on the report filed by Mr. Netam, Police Naik and Applicant was arrested. On completion of investigation, police submitted the charge-sheet. The trial Court and the Sessions Court declined to release the Applicant on bail. 4. Mr. Qureshi, learned Counsel submitted that since 2008, the Applicant has been residing in India. He has valid documents which show that he is a Citizen of India. The Applicant is in jail WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.08.21 18:56:29 +0530 MANOJ 918-BA-1685-2026.DOC since March 2025. Although, the charge is framed, the trial has not advanced. The offence is triable by the Court of Magistrate. Therefore, the Applicant may be released on bail. 5. Mr. Chate, learned APP submitted that there is a prima facie case of the alleged offence against the Applicant. Therefore, bail may be refused. 6. I have considered the material against the Applicant. Record indicates that, when police demanded the necessary documents of domicile and the citizenship, the Applicant could not produce his birth certificate, proof of residence etc. When his mobile phone was checked, the call history revealed that he was in contact with people residing in Bangladesh. The Aadhar Card produced by the Applicant was found forged. As such, there is prima face case against the Applicant that he has entered into and residing in India illegally. The trial has already commenced. Therefore, and having regard to the serious nature of the crime, the Applicant is not entitled for bail. 7. As a result, the Application fails and liable to be rejected. Application is rejected, accordingly. 8. It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 9. The trial Court is requested to expedite the hearing and disposal of the case. (SHYAM C. CHANDAK, J.)