SHAIKH IMRAN SHAIKH RASHEED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.120 of 2020 registered with Police Station Pawarwadi, Malegaon, Nashik, for offences punishable under Section 420, 465, 466, 468, 471 read with 34 of the Indian Penal Code (IPC), Section 12(B) of the Passport Act, Rules 3 and 6 of Passport (Passport into India) Rule, 1950, Clause 3(i) of Foreigner 's Citizen Order, 1948, Section 14(2) of the Foreign Citizen Act, 1946 and Rule 2 of Report of Police Rule, 2001.

(2.) The prosecution case is that accused no.1, namely, Tahir Ali Yusuf Ali, having citizenship of Bangladesh from 1st October 2020 till the filing of complaint with the help of other accused namely Alam Amin Ansari, Shaikh Imran Shaikh Rashid (present applicant), Muddassir Ekhlaque Ahmed, Lalit Nana Marathe, Thekedar Samsul Hudda, Shaikh Yunus Shaikh Rahim and Iqbal Khan Munnir Khan got false and forged documents prepared viz., (a) Birth Certificate issued by Malegaon Municipal Corporataion, (b) Aadhar Card No.837974331679 and PAN Card No.AZXPT7628K showing him to be resident of Malegaon and also used them as genuine and applied online (BO5064969637620) for passport. In the wake of these allegations, the applicant came to be arrested and the First Information Report (FIR) was registered against all the abovenamed accused.

(3.) Mr.Shahid Nadeem, learned counsel for the applicantaccused, submits that the prosecution has failed to establish prima facie case of forgery as alleged in respect of the present applicant in as much as during the course of investigation nothing has been recovered from his possession. Except the allegations that the applicant-accused took Bangladeshi people and other persons, there is nothing against him. According to the learned counsel, other accused, namely, Muddassir Ekhlaque Ahmed has already been released on bail and therefore, the present applicant also deserves to be released on bail.