Thane: The Thane Sessions Court, presided over by Judge A.S. Bhagwat, has granted bail to Pankaj Das, a Mira Road-based man who was arrested by the local police on January 21, 2025, on allegations that he was a Bangladeshi resident who had entered and was residing in the country without any legal documents.
The court dismissed the prosecution’s case and reprimanded the police for arresting the accused solely because he did not have an Indian passport. While granting bail, the court held that not all Indians possess a passport, and the absence of one does not make a person an illegal resident of the country. Das was granted bail on a personal bond and a surety bond of ₹50,000.
In its four-page judgment, the court observed: “A passport cannot be considered the only proof of citizenship. Many Indian citizens do not hold a passport, but that does not make them foreigners. Hence, unless and until documents such as the Aadhaar card, PAN card, school leaving certificate, bank passbook, birth certificates of children, income tax returns, LIC policy, ration card, house tax receipt, domestic gas receipt, Udyam registration certificate, shop and establishment certificate, Gram Panchayat certificate, and sale deed copy of the applicant are determined to be bogus by competent authorities, they must be treated at face value. Such documents prima facie indicate that the applicant is an Indian citizen. At this stage, the contention of the applicant must be upheld.”
The court further noted that Das had been in jail for over a month and that custodial interrogation was unnecessary. “The allegations against the applicant must be proven in trial. The other allegations are part of the trial and must be proven beyond reasonable doubt. Nothing remains to be recovered from the applicant, and keeping him behind bars serves no purpose since his physical custody is not required for further investigation. The veracity of the allegations can be determined at trial, which will take a long time to conclude,” the court observed.
The Mira Road police arrested Das on suspicion that he was a Bangladeshi resident staying illegally in India. Despite Das providing several documents—including his Aadhaar card, LIC policies, birth certificates of his children, ration card, house tax receipts, and gas connection receipts—to prove his Indian citizenship, he was arrested solely because he did not possess an Indian passport.
Opposing his bail application, the prosecution argued that Das was arrested under the Passport Act and the Foreigners Act of 1946. “Das is alleged to have entered India without any valid documents while being a Bangladeshi citizen. If the applicant is released on bail, the investigation will be hampered, and there is a possibility of him tampering with prosecution witnesses, absconding from justice, or committing similar offenses. Also a mobile phone and Indian currency were found in his possession, which indicates that he is a Bangladeshi citizen.l,” the prosecution argued while praying for the rejection of his bail.
