Acquitted in same offence in 2019: Woman suspected of being Bangadeshi national, granted bail

Khatun, a resident of Navi Mumbai, was arrested and sent to judicial custody on February 5.

The police claimed that she was arrested based on a tip-off about some Bangladeshi nationals illegally residing in India.

Khatun claimed before the court that she tried to tell the officials then that she had valid documents and had already faced trial and was cleared once, but she was booked in the new case.

In her bail plea filed through lawyer Yakub Shaikh, she submitted that she has valid Aadhaar card and PAN card issued by the Indian Government and that she has been falsely implicated in the case.

Along with these documents, she cited a court order from 2019, where a woman named Morjina Abdul Kadir, has been acquitted.

The lawyer also submitted that therefore this new case amounted to “double jeopardy” and the Constitution prohibits a person from being prosecuted for the same offence more than once.

The acquittal court order cited by Khatun shows that a woman by that name was facing trial under the Foreigners Act, read with Passport (Entry into India) Rules.

The arrest in 2013 was also of a similar nature based on a ‘tip-off’ received by the police. The police had then claimed that the arrested persons including Khatun had no documents to prove that they were Indians.

The court, however, said that the prosecution had not submitted any proof to show that the accused were foreigners, illegally staying in India.

The court order notes that those booked had shown valid documents like Voter ID card, showing they were residents of Mumbai. Based on this, the court cleared those booked from all charges.

While Khatun cited this order before the magistrate court as well while seeking bail in March, the court said that there is a difference in the name of the person cited in the order and the name of the accused and denied her bail.

Khatun then approached the sessions court. The police opposed her bail stating that if released, she may not remain present for the trial.

“In the present case, the applicant/ accused is having an Aadhar card, PAN card and Voter ID card issued by the government authority. The investigation in this crime is completed and a chargesheet has been filed. Appreciating the relevant consideration for grant of bail with the present set of circumstances and on perusal of the police papers; there are no exceptional circumstances for not releasing the applicant on bail,” the sessions court said in its order on June 17.