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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

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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                                                                          26.BA.4027.2026.doc


               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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