Rasel Hasen Shaikh Alias Sonu Nahnelal Vishwakarma v. State Of Maharashtra

902-BA-1406-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1406 OF 2024 Rasel Hasen Shaikh Alias Sonu Nahnelal Vishwakarma ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Mohammad S. Mulla, Advocate for the Applicant. Mr. Vinod Chate, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

18th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 543 of 2023 registered at Panvel City Police Station, Dist.-Navi Mumbai for the offences punishable under Sections 420, 465, 466, 468, 471 and read with Section 34 of the Indian Penal Code and Section 14(A) of Foreigners Act, 1946 and Sections 3(A) & 12(C) of the Passport Act.

3.

The applicant is accused No.1 in the aforesaid crime. On 05.10.2023, on the basis of secret information, the present applicant was apprehended and during interrogation, he was found to be citizen of Bangladesh. It was also found that he had entered India illegally and thus crime was registered. During the course of investigation, it was found that accused No.2, who is aunt of the present applicant, helped him in Zeenat Pathan

902-BA-1406-2024.doc getting forged Aadhar Card etc. The accused No.2 was also found to be citizen of Bangladesh and residing in India on the basis of forged documents, i.e., Aadhar Card etc. 4.

The learned counsel for the applicant submits that the applicant is in jail for one and half years. On instructions, learned counsel for the applicant submits that the applicant does not want to contest the case on merits and wants to plead guilty. The learned counsel for the applicant however, submits that the trial Court, be directed to impose the sentence of imprisonment already undergone by the applicant, so that after his release he can be deported.

5.

The learned APP for the respondent/State submits that appropriate order be passed.

6.

Considering the overall facts and circumstances, the following order is passed:

O R D E R

A) If the applicant pleads guilty to the charges, then the trial Court shall impose the punishment of imprisonment the applicant has already undergone till that date.

B] The concerned authorities shall take steps to deport the applicant.

7.

The Application is disposed of in aforesaid terms. (N. R. BORKAR, J.) Zeenat Pathan