Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 13 October 2026

Case Overview

  • Applicants: Nagani Akram Mohammad Shafi (Bail Application No.3857 of 2026) and Vasim Vali Momad Bhesaniya @ Sanju (Bail Application No.3858 of 2026).
  • Respondent: Directorate of Enforcement (DE) and an additional respondent.
  • Both applications were filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in connection with Crime Reference No. ECIR/MBZO‑II/20/2024 registered with DE.
  • The offences alleged are punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. Additionally, Bail Application No.3859 (likely a typographical error in the record) cites predicate offences under Sections 318(4), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
  • The Applicants are Accused Nos.2 and 3. They were arrested on 21‑Nov‑2024 and 02‑Dec‑2024 respectively and have been incarcerated for approximately one year and ten months.
  • The prosecution alleges that the Applicants, together with Accused No.1 (referred to as the “challenger king” who remains absconding), created six shell companies and amassed Rs 198.41 crore in bank accounts, which was subsequently transmitted to hawala operators and angadias.
  • Forensic evidence obtained from the Applicants’ mobile phones, soft copies, and hard‑disk data has been cited by the prosecution as central to the case, with a forensic expert appointed to clone data and prepare a report.
  • The prosecution contends that the Applicants signed false declarations to facilitate large withdrawals from the shell‑company accounts, acting on instructions from the absconding Accused No.1.
  • Counsel for the Applicants relied on the precedent set in Khilji Mohsinahmed Mustakali Vs. Directorate of Enforcement and Another (Bail Application No.3380 of 2026, decided 17‑Sep‑2026), arguing that the role of the present Applicants is prima facie lesser than that of the co‑accused previously released on bail.

Final Outcome

  • The Court, after considering the precedent and imposing stringent conditions, granted bail to both Applicants.
  • Conditions imposed:

1. Each Applicant must furnish a personal bond of Rs 5,00,000 (Five Lakhs) with one or two solvent sureties of equal amount; provisional cash bail is granted pending surety provision within six weeks.

2. Mandatory reporting to the Investigation Officer, DE, on the 2nd and 4th Saturday of each month (10:00 am‑12:00 pm). If a Saturday is a holiday, reporting shifts to the next working day until trial concludes (Special Case No. 191 of 2025).

3. No inducement, threat, or promise to any witness or person acquainted with the facts to dissuade disclosure to the Court or police.

4. No tampering with evidence in any manner.

5. Family members of the Applicants must deposit their passports with the Additional Sessions Judge (Special Court under the PMLA) at the City Civil & Sessions Court, Mumbai, before release.

6. Within three days of release, each Applicant must provide the Investigation Officer with residential address, proof of residence, contact numbers, email, and must inform of any changes thereafter.

7. No travel outside India without prior written permission from the Additional Sessions Judge (Special Court under the PMLA).

8. Appear before the Additional Sessions Judge on each date fixed in Special Case No. 191 of 2025, unless exempted; failure to attend without justification may be treated as breach of bail.

  • The Court clarified that the observations are limited to bail considerations and do not constitute a merit determination; the trial will proceed based on evidence presented.
  • The bail applications are thus disposed of in the terms outlined above.

Topics: Money Laundering, Bail Grant, Enforcement