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Bombay High Court

RITESH KUMAR S. SHAHversusDIRECTORATE OF ENFORCEMENT AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that despite the seriousness of the PMLA offences, the prolonged pre‑trial detention and the constitutional right to a speedy trial warranted granting bail to the three accused, subject to stringent conditions.

Summary

The Bombay High Court considered three simultaneous bail applications filed by accused No.4, 5 and 6 in a PMLA case (ECIR/MBZO‑II/20/2024) involving alleged creation of shell companies and money‑laundering. The applicants had been in pre‑trial detention for more than 18‑20 months while the charge‑sheet of 7,000 pages and 40 witnesses indicated a protracted trial. The Enforcement Directorate opposed bail, arguing that the principal accused was absconding, the twin conditions under Section 45 of the PMLA were unsatisfied and there was a risk of tampering or flight. The Court, relying on Supreme Court precedents emphasizing the right to a speedy trial and parity with an earlier bail order for a co‑accused, held that the prolonged incarceration justified granting bail. It therefore granted bail to all three applicants subject to stringent conditions, including a cash bond, reporting requirements, passport surrender and restrictions on travel and evidence tampering. The order expressly limited its observations to bail and did not prejudice the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted to accused under the Prevention of Money Laundering Act when pre‑trial detention has exceeded 18 months and trial is delayed.
  • Whether the twin conditions under Section 45 of the PMLA are satisfied in the present case.
  • Whether the risk of absconding, tampering with evidence or re‑offending outweighs the accused's right to a speedy trial.
  • Whether parity with an earlier bail order for a co‑accused warrants granting bail to the remaining accused.

Legislation cited

Subjects

  • bail
  • Prevention of Money Laundering Act
  • right to speedy trial
  • pre‑trial detention
  • parity
  • bail conditions
  • money laundering
  • Enforcement Directorate

Judgment

                                                            BA-A.3380.2026+BA.3148.2026+BA.3379.2026.doc

Ajay
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                 BAIL APPLICATION NO.3380 OF 2026

       Khilji Mohsinahmed Mustakali                                                       Applicant
                                                                                       .. (Accused No.4)
                  Versus
       Directorate of Enforcement and Another                                          .. Respondents

                                               WITH
                                 BAIL APPLICATION NO.3148 OF 2026

       Sharifmiya Amirmiya Shaikh                                                         Applicant
                                                                                       .. (Accused No.5)
                  Versus
       Directorate of Enforcement and Another                                          .. Respondents

                                               WITH
                                 BAIL APPLICATION NO.3379 OF 2026

       Ritesh Kumar S. Shah                                                               Applicant
                                                                                       .. (Accused No.6)
                   Versus
       Directorate of Enforcement and Another             .. Respondents
                                     ....................
        Mr. Abad Ponda, learned Senior Advocate a/w. Mr. Viral Babar, Mr.
          Yasir Khan, Ms. Saakshi Singh, Mr. Nishant Kanse. Mr. Prithviraj
          Patil in Bail Application No. 3380 of 2026
        Mr. Abad Ponda, learned Senior Advocate a/w. Ms. Neha Ahuja and
         Mr. Amit Ahuja Advocates for Applicants in Bail Application
         No.3148 of 2026.
        Mr. Abad Ponda, learned Senior Advocate a/w. Mr. Amit P. Ghag ,
         Mr. Dhavan Shah, Mr. Viral Babar, Mr. Yasir Khan, Ms. Saakshi
         Singh, Mr. Nishant Kanse and Mr. Prithviraj Patil, Advocates for
         Applicant in Bail Application No.3379 of 2026.
        Mr. C.K. Pendse a/w. Mr. Atharva S. Jagtap, SPP for Respondent
         No.1 – ED.
        Mr. Yogesh Nakhwa, APP for Respondent – State in Bail Application
         No.3380 of 2026.
        Ms. Sangeeta E. Phad, APP for Respondent – State in Bail
         Application No.3148 of 2026.
        Mr. Amit A. Palkar, APP for Respondent – State in Bail Application
         No.3379 of 2026.

       This is the corrected order as per Suo Motu Speaking to the Minutes order dated 17.09.2026   1 of 11
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                                                    ....................
                                             CORAM : MILIND N. JADHAV, J.
                                             DATE            : SEPTEMBER 17, 2026
P.C.:

1.              Heard Mr. Ponda, learned Senior Advocate for Applicants in

Bail Application No.3380 of 2026 and Bail Application No.3148 of

2026; Mr. Ghag, learned Advocate for Applicant in Bail Application

No.3379 of 2026; Mr. Pendse, learned SPP for Respondent No.1 – ED;

Mr. Nakhwa, learned APP for Respondent – State in Bail Application

No.3380 of 2026; Ms. Sangeeta E. Phad, learned APP for Respondent –

State in Bail Application No.3148 of 2026; and Mr. Palkar, learned APP

for Respondent – State in Bail Application No.3379 of 2026.


2.              This is a group of three (3) Bail Applications decided

together. All three (3) Applicants are arraigned as accused persons in

the same crime and seek regular bail in connection with ECIR bearing

No. ECIR/MBZO-II/20/2024 registered by Respondent No.1 –

Directorate of Enforcement for offences punishable under Sections 3

and 4 of the Prevention of Money Laundering Act, 2002 (for short

“PMLA”). There are total of 6 accused persons. Applicant in Bail

Application No.3380 of 2026 is arraigned as Accused No.4. Applicant

in Bail Application No.3148 of 2026 is arraigned Accused No.5

whereas Applicant in Bail Application No.3379 of 2026 is arraigned as

Accused No.6.



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3.              Briefly stated, according to prosecution case Applicants and

other accused persons are involved in the creation and operation of

shell companies / entities and fictitious bank accounts. Charge against

accused persons is that they used individuals by promising employment

opportunities and obtained their KYC documents for incorporation of

shell companies / entities, opened multiple bank accounts and

facilitated transactions through the network of shell companies /

entities accounts including remittances to foreign entities and

companies. Respondent No.1 registered ECIR offence based on the

predicate offence namely CR No.8 of 2024 registered with ATS Nashik

to investigate the role of Applicants in the money laundering offence.

Applicant in Bail Application No.3148 of 2026 is arrested on

02.01.2025. Chargesheet is filed on 09.01.2025 against Accused No.1

and 5 others and Accused No.5 is not named therein neither in the

scheduled offence nor chargesheet. Similarly, Applicant in Bail

Application No.3380 of 2026 is arrested on 02.01.2025 and Applicant

in Bail Application No.3379 of 2026 is arrested on 17.03.2025.


4.              Applicants have draw my attention to order dated

20.07.2026 passed by this Court (Coram: Ashwin D. Bhobe, J.) in Bail

Application No.2048 of 2026 enlarging Accused No.1 in the same

crime on bail. They persuade me to consider parity and long



This is the corrected order as per Suo Motu Speaking to the Minutes order dated 17.09.2026   3 of 11
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incarceration of the present Applicants as Applicants have been

incarcerated for a period in excess of 18 months in one case and 20

months in remaining two cases and most importantly the ignominy of

the trial not even commencing and for that matter not concluding in

the near foreseeable future for enlarging the Applicants on bail.


5.              Mr. Pendse, learned SPP for Respondent No.1 – ED would

vehemently oppose the grant of bail on the ground that Applicants

alongwith co-accused persons and more specifically the main accused

person called Mehmood Abdul Samad Bhagad who is absconding are /

were deeply involved in money laundering amounting to crores of

rupees. He would forcefully submit that all accused persons were in

tandem and cheated several persons and should not be given bail

because the principal accused person is still absconding and has not

been arrested till date. He would submit that there is therefore every

possibility that all three (3) Applicants will re-offend themselves by

getting in touch with the principal accused person and will commit /

repeat / continue the offence and shall re-offend themselves. He would

submit that there is every likelihood that Applicants will jump bail and

therefore he would persuade me to consider the gamut and the extent

of the crime unearthed pursuant to investigation which is forming part

of the humongous chargesheet of 7000 pages and reject the Bail

Applications of Applicants.



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5.1.            He has drawn my attention to three (3) separate Affidavits-

in-reply filed by the Assistant Director, Zonal Office II, Mumbai on

behalf of Respondent No.1 and Ministry of Finance, Department of

Revenue, Government of India dated 09.09.2026 in the three matters

and would vehemently submit that releasing the Applicants on bail

would hinder the tracing of proceeds of crime dealt with by the

accused persons in the present crime. He has addressed the Court at

length on change in circumstances, facts of the case where substantial

transactions were engaged, reasons of grant of bail on parity and long

incarceration and most importantly on satisfaction of twin conditions

contemplated under Section 45 of the PMLA not having been satisfied

to persuade the Court to reject the Bail Applications. He would urge

the Court passionately to consider the seriousness of the offence,

involvement of Applicants, and every possibility of they re-offending

themselves.


5.2.            He would draw my attention to paragraph no.317 of the

decision of Supreme Court in the case of Vijay Madanlal Choudhary

and Ors. Vs. Union of India and Ors.1 and on reading, it would contend

that in the present case the twin conditions remain fully unsatisfied

and the mens rea of the offence impacts the financial systems including

the      sovereignty           and       integrity        of      the      county        and   therefore

notwithstanding the extent of the total punishment prescribed for the

1   (2023) 12 SCC 1



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offence and the sentence undergone in incarceration till date, the

Applicants should still be denied bail.


6.              I have heard Mr. Ponda, learned Senior Advocate for

Applicants in Bail Application No.3380 of 2026 and Bail Application

No.3148 of 2026; Mr. Ghag, learned Advocate for Applicant in Bail

Application No.3379 of 2026; Mr. Pendse, learned SPP for Respondent

No.1 – ED; Mr. Nakhwa, learned APP for Respondent – State in Bail

Application No.3380 of 2026; Ms. Sangeeta E. Phad, learned APP for

Respondent – State in Bail Application No.3148 of 2026; and Mr.

Palkar, learned APP for Respondent – State in Bail Application

No.3379 of 2026 and with their able assistance perused the record of

the case. Submissions made by all the Advocates at the bar have

received due consideration of the Court.


7.              At the outset it is seen that chargesheet of 7000 pages has

been filed and prosecution desires to examine 40 witnesses in all.

Applicants and more specifically Mr. Ponda have all referred to and

relied upon the decision of the Supreme Court in the case of Manish

Sisodia Vs. Central Bureau of Investigation2, and the relevant

paragraph no.26 therein which reads as under:-

               “26. A perusal of the aforesaid would reveal that this Court was
               concerned about the prolonged period of incarceration suffered by the
               appellant. After considering various earlier pronouncements, this
               Court emphasised that the right to speedy trial is a fundamental right
               within the broad scope of Article 21 of the Constitution. Relying on

2    2024 SCC OnLine SC 1920



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                Vijay Madanlal Choudhary v. Union of India this Court observed that
                Section 436-ACrPC should not be construed as a mandate that an
                accused should not be granted bail under the PMLA till he has
                suffered incarceration for the specified period. This Court recorded
                the assurance given by the prosecution that they shall conclude the
                trial by taking appropriate steps within next 6-8 months. This Court,
                after recording the said submissions, granted liberty to the appellant
                to move a fresh application for bail in case of change in circumstances
                or in case the trial was protracted and proceeded at a snail's pace in
                next three months. This Court observed that if any application was
                filed, the same would be considered by the trial court on merits
                without being influenced by the dismissal of the earlier bail
                applications including its own judgment. It further observed that the
                observations made regarding the right to speedy trial will be taken
                into consideration.”


8.               The argument advanced by Mr. Pendse while referring to the

decision in the case of Vijay Madanlal Chaudhary (Supra) has been

squarely answered and dealt with in the aforesaid paragraph by the

Supreme Court and I need not elaborate any further on that count.

Another decision of Supreme Court delivered earlier in the case of

Mohd. Muslim Vs. State (NCT of Delhi)3 wherein relevant paragraph

Nos.21 and 22 with regard to special conditions holds as under:-

                          “ 21. A plain and literal interpretation of the conditions under
                          Section 37 (i.e. that court should be satisfied that the accused is not
                          guilty and would not commit any offence) would effectively exclude
                          grant of bail altogether, resulting in punitive detention and
                          unsanctioned preventive detention as well. Therefore, the only
                          manner in which such special conditions as enacted under Section
                          37 can be considered within constitutional parameters is where the
                          court is reasonably satisfied on a prima facie look at the material on
                          record (whenever the bail application is made) that the accused is
                          not guilty. Any other interpretation would result in complete denial
                          of the bail to a person accused of offences such as those enacted
                          under Section 37 of the NDPS Act.
                          22. The standard to be considered therefore, is one, where the court
                          would look at the material in a broad manner, and reasonably see
                          whether the accused's guilt may be proved. The judgments of this
                          Court have, therefore, emphasised that the satisfaction which courts
                          are expected to record i.e. that the accused may not be guilty, is only
                          prima facie, based on a reasonable reading, which does not call for

3    Criminal Appeal No(s).Of 2023 @ Special Leave Petition (Crl.) No(S). 915 Of 2023.



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                        meticulous examination of the materials collected during
                        investigation (as held in Union of India v. Rattan Mallik [Union of
                        India v. Rattan Mallik, (2009) 2 SCC 624 : (2009) 1 SCC (Cri)
                        831] ). Grant of bail on ground of undue delay in trial, cannot be
                        said to be fettered by Section 37 of the Act, given the imperative of
                        Section 436-A which is applicable to offences under the NDPS Act
                        too (ref. Satender Kumar Antil [Satender Kumar Antil v. CBI, (2022)
                        10 SCC 51 : (2023) 1 SCC (Cri) 1] ). Having regard to these factors
                        the Court is of the opinion that in the facts of this case, the appellant
                        deserves to be enlarged on bail.”


9.              This Court (Coram: Ashwin D. Bhobe, J.) while granting bail

to Accused No.1 by order dated 20.07.2026 considered the issue of

long incarceration while relying on the decision of Arvind Dham Vs.

Enforcement Directorate4 wherein accused was incarcerated for 16

months 20 days and it considered the maximum sentence which would

be of 7 years which is also so for the present Applicants before me. The

co-ordinate           bench        also       considered           the      aspect           of   prolonged

incarceration and pre-trial detention and most importantly right to

speedy trial enshrined under Article 21 of the Constitution of India

notwithstanding the nature of offence and punishment it entailed.


10.             In the present case maximum punishment in PMLA Special

case is 7 years and charge-sheet of 7000 pages is filed and 40 witnesses

are to be examined by the prosecution and it is bound to take a very

long time for trial to commence and for that matter conclude. Hence

on parity as well as on the ground of long incarceration and right to

speedy trial being considered as grounds for grant of bail. I am inclined

to release to all three (3) Applicants on bail.

4    2026 SCC OnLine SC 30



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11.             Further, the apprehension expressed by Mr. Pendse is taken

care of by imposing stringent conditions in addition to the usual

conditions including the condition suggested by Mr. Pendse for deposit

of their passports forthwith before the trial court even before their

release by the Applicants’ family members so that the Applicants will

not abscond as they are considered to be a flight risk.


12.             Hence, in view of my aforesaid prima facie observations and

findings, Bail Applications are allowed subject to the following

conditions:-


                (i)      All three (3) Applicants are directed to be released on
                         bail in connection with Crime upon furnishing P.R.
                         Bond in the sum of Rs.5,00,000/- (Rupees Five lakhs
                         only) each with one or two solvent sureties in the like
                         amount;           In lieu of this, at the request made by
                         Advocates,           that      they       are      residents        of   Gujarat,
                         provisional cash bail is granted and within 3 weeks of
                         release they shall provide the solvent sureties;

                (ii)     All three (3) Applicants shall report to the Investigation
                         Officer, Respondent No. 1-Directorate of Enforcement,
                         on the 2nd and 4th Saturday of each month from 10.00
                         a.m. to 12.00 p.m., If the 2nd and 4th Saturday of the
                         said month falls on a holiday, Applicants shall mark
                         presence on the next working day till the conclusion of
                         the trial in PMLA Special Case No. 191 of 2025;

                (iii) All three (3) Applicants shall not directly or indirectly
                         make any inducement, threat or promise to any witness


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                         and / or person/s acquainted with the facts of the case
                         to dissuade such person/s from disclosing the facts to
                         the Court or any police officer;

                (iv) All three (3) Applicants shall not tamper with evidence
                         in any manner;

                (v)      All three (3) Applicants’ family members shall deposit
                         their passports with the Court of the Additional
                         Sessions Judge designated as the Special Court under
                         the PML Act, 2002, at the City Civil & Sessions Court,
                         Mumbai, in Special Case No. 191 of 2025 forthwith
                         before their release from jail;

                (vi) All three (3) Applicants shall, within three (3) days of
                         release from jail, provide to the Investigation Officer,
                         Directorate of Enforcement, Mumbai, with their
                         residential address along with proof, their contact
                         numbers, email and must inform the Investigating
                         Officer of any changes to this information from time to
                         time;

                (vii) All three (3) Applicants shall not travel outside India
                         without obtaining prior written permission from the
                         Additional Sessions Judge designated as the Special
                         Court under the PML Act, 2002, at the City Civil &
                         Sessions Court, Mumbai; and

                (viii) All three (3) Applicants shall appear before the
                         Additional Sessions Judge designated as the Special
                         Court under the PML Act, 2002, at the City Civil &
                         Sessions Court, Mumbai, on each date fixed in Special
                         Case No. 191 of 2025, unless specifically exempted by
                         the Court. If the Applicants abstain from attending the

This is the corrected order as per Suo Motu Speaking to the Minutes order dated 17.09.2026   10 of
11
                                                                                     BA-A.3380.2026+BA.3148.2026+BA.3379.2026.doc


                                                         proceedings without justifiable cause that could also be
                                                         seen as a breach of the bail condition and the Special
                                                         Court under the PML Act, 2002, at the City Civil &
                                                         Sessions         Court,       Mumbai,           will      be free   to   pass
                                                         appropriate orders.


                                13.             It is clarified that the above observations made in this order

                                are limited for the purpose of granting bail only and I have not made

                                any observations on merits of the case. The trial shall be adjudicated

                                on the strength of the evidence led and strictly on its own merits being

                                uninfluenced with any of the prima facie observations made

                                hereinabove in this order.


                                14.             All three (3) Bail Applications are allowed and disposed of in

                                the above terms.



   Ajay                                                                                          [ MILIND N. JADHAV, J. ]
             Digitally signed
             by AJAY
AJAY         TRAMBAK
TRAMBAK      UGALMUGALE
UGALMUGALE   Date:
             2026.09.17
             13:36:39 +0530




                                This is the corrected order as per Suo Motu Speaking to the Minutes order dated 17.09.2026    11 of
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