Bombay High Court
SERAJ AHMED MOHAMMAD HAROON MEMONversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The applicant, Seraj Ahmed Mohammad Haroon Memon, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with ATS Crime No.8 of 2024 involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Money‑Laundering Act, 2002. He had already secured regular bail for a predicate offence and had been in custody for 23 months. A medical report from the Chief Medical Officer of Mumbai Central Prison indicated a precarious health condition requiring discectomy surgery. The court found that no further custodial interrogation was necessary and, given the applicant’s prolonged detention and the trial’s uncertain timeline, granted bail subject to stringent conditions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether bail should be granted to an accused facing multiple serious offences under the Bharatiya Nyaya Sanhita and PMLA
- Whether the applicant’s deteriorating medical condition justifies release on bail
- Whether further custodial interrogation is required after 23 months of detention
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 316(5), 318(4), 336(3), 338, 340(2), 3(5)
- Prevention of Money Laundering Act, 2002
Subjects
- bail
- medical condition
- serious offences
- ATS
- custodial interrogation
- conditions of bail
- Indian criminal procedure
Judgment
26.BA.4027.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4027 OF 2026
Seraj Ahmed Mohammad Haroon Memon .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Sundeep Karnik a/w. Mr. Darsh Gala, Advocates for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 07, 2026
P.C.:
1. Heard Mr. Karnik, learned Advocate for Applicant and Mr.
Nakhwa, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with ATS
Crime No.8 of 2024 (formerly C.R. No.295 of 2024) registered with
Chhawani Police Station, Malegaon for offences punishable under
Sections 318(4), 338, 336(3), 340(2), 316(5) and 111 read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Applicant is indicted for offences of cheating and other allied
offences committed under the Prevention of Money-Laundering Act,
2002 (PMLA). He has already granted regular bail in predicate
offence, copy of which is appended at page No.139. I have perused
the same.
4. However as per Court Compliance, a Report has been
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26.BA.4027.2026.doc
prepared by the Chief Medical Officer, Mumbai Central Prison,
Mumbai where the Applicant has been lodged. Copy of this report
dated 07.03.2026, is placed at page No.162. This Report categorically
states that the prisoner’s condition is precarious in view of the
worsening of symptoms and he has been advised a discectomy surgery
for further treatment of his vertebraes, four levels out of which have
been specifically affected.
5. Considering the aforesaid reasons and the Applicant having
undergone 23 months’ custody, no further custodial interrogation of
the Applicant is required and in view of the trial not having
commenced or being concluded in the near foreseeble future,
persuades me to allow the present Application. Applicant is granted
bail.
6. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with ATS Crime No.8 of 2024
(formerly C.R. No.295 of 2024);
(ii) Applicant is ordered to be released on bail on furnishing
P.R. Bond of Rs.1,00,000/- (Rs. One Lakh only) with
one or two surety / sureties of the like amount within a
period of four weeks from today;
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26.BA.4027.2026.doc
(iii) Applicant, is ordered to be released on bail on cash bail
of Rs.1,00,000/- (Rs.One Lakh only) and shall furnish
one or two sureties of the like amount within a period
of four weeks from today;
(iv) Applicant shall report to the Investigating Officer at the
concerned Police Station, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(v) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(vi) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vii) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(viii)Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(ix) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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7. It is clarified that the 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.
8. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed by
HARSHADA HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.10.07
14:44:12 +0530
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