E-Paper
18 Bangladeshi nationals convicted for illegal entry, stay in Pune
The court has directed the state government to initiate deportation proceedings after completion of their jail terms
A sessions court in Pune has convicted 18 Bangladeshi nationals for illegally entering and staying in India without valid travel documents, sentencing them to rigorous imprisonment and fines, and directing the state government to initiate deportation proceedings after completion of their jail terms.
The judgment was delivered by additional sessions judge UP Kulkarni on January 5 in connection with a 2023 FIR registered at Faraskhana Police Station. A copy of the order was made available on Wednesday.
The accused were found guilty under Section 3 read with Section 12(1)(c) of the Passports Act, 1967, and Section 14A(a) and (b) of the Foreigners Act, 1946.
“The accused are sentenced to suffer rigorous imprisonment for two years and pay a fine of ₹500 each in default to suffer rigorous imprisonment for 10 days for the offence punishable under Section 3 read with Section 12(1)(c) of the Passports Act. The accused are sentenced to suffer rigorous imprisonment for two years, four months and fifteen days and pay a fine of ₹10,000 each in default to suffer rigorous imprisonment for one month for the offence punishable under Section 14A(a) (b) of the Foreigners Act. The substantial sentences shall run concurrently,” the court said in its order pronounced under Section 235(2) of the Code of Criminal Procedure (CrPC).
The court granted the benefit of set-off under Section 428 of the CrPC for the period of detention already undergone by the accused from September 1, 2023, to January 5, 2026.
The case arose from a raid conducted by the Social Security Cell (SSC) of the Pune crime branch in Budhwar Peth, a congested area known for commercial establishments. According to the prosecution, at around 11 pm on August 31, 2023, assistant inspector Rajesh Malegave received information from senior inspector Bharat Jadhav that Bangladeshi nationals had illegally entered India and were residing at premises No. 1036, Old Sagar Building, Budhwar Peth with some women allegedly engaged in prostitution while the male members were involved in other business activities, all without valid travel or stay documents.
Police raided the place at around 2.30 am on September 1, 2023 and found several women on the second floor of the building and male accused on the fourth floor. During questioning, all disclosed names and addresses in Bangladesh and admitted that they did not possess passports or valid travel documents.
They told police they had entered India through clandestine routes along the Bangladesh border and travelled to Pune by train. The women stated they were engaged in prostitution of their own free will, while the men claimed to be involved in business activities.
The accused pleaded not guilty and claimed to be tried, later asserting during their statements under Section 313 of the CrPC that they were Indian nationals. However, the court noted that none of them produced documentary evidence to substantiate the claim. The court held that the prosecution had proved the accused had illegally entered and stayed in India without authorisation. While passing the sentence, the court observed that the prosecution had not placed on record any previous convictions of the accused. Considering their age, the gravity of the offence and the period of detention already undergone, the court held that the sentences imposed would meet the ends of justice.
The court ordered that seized mobile phones be returned to the accused after the appeal period, except for the phone seized from absconding accused Summi Rony Shaikh. It directed Faraskhana police to file a supplementary charge sheet against her if she is traced in future.
