Mumbai, India – February 20, 2024 – Wasim Raja Abdul Razak Memon, accused of involvement in sending hoax bomb threat emails, has been granted bail by a Mumbai Sessions Court. Additional Sessions Judge Dr. S.D. Tawshikar, presiding over Court Room No. 10, granted bail in Criminal Bail Application No. 355 of 2024, citing Memon’s limited alleged role, illiteracy, and lack of criminal antecedents.

Memon was arrested in connection with C.R. No. 340 of 2023 registered at MRA Marg Police Station, facing charges under Sections 505(1)(B) (statements conducing to public mischief), 505(2) (statements creating or promoting enmity, hatred or ill-will between classes),¹ and 506(2) (criminal intimidation) of the Indian Penal Code (IPC).

The Alleged Hoax and Arrest:

The prosecution alleges that Memon, in connivance with others, sent hoax emails threatening bomb blasts at various public places in Mumbai. Memon was arrested on December 27, 2023.

Defense Arguments:

Memon’s defense argued that his alleged role was limited to providing a SIM card to another accused, Aadil (A-2), who then allegedly passed it on to Arshil (A-1), the individual accused of drafting and sending the emails. They emphasized that there was no evidence to directly link Memon to the emails.

The defense also highlighted Memon’s poor family background, his work as a pan stall owner, and his illiteracy, arguing that it was improbable he would be involved in sending English threat emails. They further stated he had no criminal record, had recently undergone eye surgery, and that the investigation was practically complete.

Prosecution Objections:

The prosecution strongly opposed the bail, arguing that Memon played a specific role by supplying the SIM card used in the offense, which was connected to the email account from which the threats were sent.

Court’s Reasoning and Decision:

Judge Tawshikar, after reviewing the case records and hearing arguments from both sides, granted bail to Memon. The court acknowledged the prosecution’s claims but noted that co-accused Aadil Malik (A-2) had already been granted bail.

“From the investigation conducted so far, it appears that role played by present applicant is limited to the extent of taking SIM Card from Aadil (A-2) and handing it over to Arshil (A-1). It appears that the applicant is not much literate that he would sent email in English or even to understand English,” Judge Tawshikar stated in his order.

The court also considered Memon’s lack of criminal antecedents and the completion of the investigation.

“Considering the facts and circumstances of the matter and the role apparently attributed to the present applicant, I find further detention of applicant is unwarranted,” Judge Tawshikar observed.

Bail Conditions:

Memon was granted bail on the following conditions:

• He must execute a personal bond of Rs. 20,000 and provide a surety of the same amount.
• He must attend MRA Marg Police Station when called by the Investigating Officer with written intimation, until the charge sheet is filed or for two months, whichever is earlier.
• He must not directly or indirectly influence, threaten, or promise any witnesses or tamper with evidence.
• He must provide proof of his residence and his active phone number to the police station within seven days of his release.
• He must not commit any criminal offense while on bail.
• Bail before the learned trial court.

Implications:

This case highlights the court’s consideration of the accused’s alleged role, literacy level, and criminal history when deciding on bail applications. It also demonstrates the court’s willingness to grant bail when the accused’s involvement appears limited and the investigation is largely complete. This also shows that the court is willing to consider the specific abilities of the accused when considering their role in an alleged crime.