Bombay High Court
HASAN AHMAD MAJHUMDAR@ HASAN AHMED MANJIR ALI MUJUMDARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The order rejecting the solvency certificate is quashed and set aside, and the certificate is accepted.
Summary
The applicant, Arjun Hasan Ahmad Majhumdar, filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the order of the Special Judge, POCSO Court, Dindoshi, which had rejected his solvency surety. The applicant had been granted bail by a Single Judge on 7 May 2026 in Criminal Bail Application No. 3645 of 2025 and had submitted a solvency certificate dated 22 April 2026, which is valid for three months. The Special Judge refused to accept the certificate on the ground that the bail order was dated after the certificate was filed. The High Court held that the rejection was untenable, quashed the impugned order, accepted the solvency certificate, and ordered the applicant’s immediate release from Mumbai Central Prison. Consequently, the criminal application was disposed of.
Issues considered
- Whether the Special Judge was justified in rejecting the solvency certificate on the basis of the bail order date
- Whether the solvency certificate dated 22 April 2026 remained valid for three months despite the later bail order
- Whether Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits quashing of the order rejecting the solvency surety
Legislation cited
Subjects
- bail
- solvency surety
- Section 528
- quashing order
- POCSO Court
- criminal application
- release from custody
Judgment
501-APL-1114-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1114 OF 2026
ARJUN Hasan Ahmad Majhumdar alias ...Applicant
VITTHAL Hasan Ahmed Manjir Ali Majumdar
KUDHEKAR
Versus
Digitally signed by
ARJUN VITTHAL The State of Maharashtra ...Respondent
KUDHEKAR
Date: 2026.06.25
17:58:37 +0530
——————
Mr. Tohid Shaikh, for the Applicant.
Mr. Tanveer Khan, APP, for the Respondent-State.
——————
Coram: Madhav J. Jamdar, J.
Date: June 25, 2026
P.C.:
1. Heard Mr. Shaikh, learned Counsel appearing for the Applicant
and Mr. Khan, learned APP, for the Respondent-State.
2. By the present Criminal Application $led under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking
quashing and setting aside of the Order dated 4th June 2026 passed by
the learned Special Judge, POCSO Court, Dindoshi, Mumbai, rejecting
the solvency surety furnished by the Applicant.
3. Perusal of the record shows that the Applicant has been released
on bail by a learned Single Judge by Order dated 7th May 2026 passed
in Criminal Bail Application No.3645 of 2025. He furnished the Solvency
Certi$cate dated 22nd April 2026.
Arjun 1
501-APL-1114-2026.doc
4. As the Order granting bail by this Court is dated 7th May 2026,
the learned Special Court has refused to accept the Solvency Certi$cate.
However, Mr. Shaikh, learned Counsel for the Applicant, states that the
validity of the Solvency Certi$cate is for a period of 3 months.
5. Thus, the impugned Order dated 4th June 2026 is quashed and
set aside. Consequently, the Solvency Certi$cate is accepted.
6. As the Applicant has been released on bail by a learned Single
Judge by Order dated 7th May 2026 passed in Criminal Bail Application
No.3645 of 2025, the Applicant, who is lodged in the Mumbai Central
Prison, Mumbai Central, shall be released forthwith.
7. The Criminal Application is disposed of.
[Madhav J. Jamdar, J.]
Arjun 2
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