Court denies bail to Afghan national arrested for illegally staying in India

A Mumbai court denied bail to Afghan national Habibullha Prang, arrested for illegal stay and money lending, citing flight risk and serious charges.

MUMBAI: A sessions court recently rejected the bail plea of a 38-year-old Afghan national arrested by the crime branch in February this year for allegedly staying in the city illegally for over a decade and getting involved in illegal money lending activities.

Court denies bail to Afghan national arrested for illegally staying in India

Habibullha Prang, a native of Zurmat district of Paktia Province in Afghanistan, 136km from Kabul, allegedly lived in Wadala under the pen name of Zahir Ali Khan, even after his tourist visa expired by forging his PAN card and driving license.

As per the police, Prang had come to Mumbai in 2007 on a visitor’s visa for a year. However, after his visa expired, he started living illegally in the Wadala region, where he indulged in money lending. Subsequently, he was arrested by the Mumbai police in 2011 and was deported from the city. The officials said he came to Mumbai again in 2017 and stayed here with a different name. He was arrested by the crime branch unit 5 officials in February this year after the police conducted a raid at their residence in Wadala.

The prosecution submitted that the forged documents - fake PAN card and driving license - were seized from Prang’s custody. “If he is released on bail, there is every possibility of his absconding or fleeing from justice and staying in India in contravention of the Passport Act, Foreigners Order,” submitted the prosecution.

The defence submitted that the chargesheet has already been filed in the matter, due to which his detention into custody is unwarranted. Observing that he was innocent and falsely implicated in the case, the defence submitted that he would cooperate with the investigation.

The sessions judge VM Pathade, in the order passed on September 13, held that the material on record shows that Prang is an Afghan national who stayed in India unauthorisedly using a false name and forged documents. Rejecting Prang’s bail plea, the court observed, “Since the offences allegedly committed by the applicant accused are serious in nature and carry punishment which may extend to life imprisonment, I would find substance in the submissions of the investigating agency that if the applicant is released on bail, he may abscond or flee from justice and may indulge in similar criminal activities.”