B.A.1026/2024
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MHCC020063822024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1026 OF 2024
IN
C.R.NO.247 OF 2024
Mrs. Jalpa Shalin Shah
Age : 43 years, Indian
Inhabitant, Residing at : Flat
no.302, Siddhi CHS, Daftary
Road, Malad East, Mumbai –
400 097
…Applicant
Vs.
The State of Maharashtra
(Through BKC Police Station
vide FIR No.247 of 2024)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 26th April 2024
Shri P. J. Shah i/b Shri Siddharth Sharma, learned advocate for
applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mrs. Jalpa Shalin Shah has filed this
application under Section 439 of the Code of Criminal Procedure for
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granting bail in connection with Crime No.247/2024 registered with
BKC Police Station, Mumbai for the offences punishable under Sections
420 and 409 r/w. 34 of the Indian Penal Code, on the allegations that
the applicant and co-accused committed criminal breach of trust and
cheated the informant.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and strongly opposed the application. It is contended that the
diamonds worth Rs.5,00,000/- have been recovered from the residence
of applicant. The offence is serious and investigation is in progress. The
presence of the applicant is necessary for making enquiry about
misappropriated diamonds. Hence, the investigating officer prayed to
reject the application.
03.

Heard Shri P. J. Shah i/b Shri Siddharth Sharma, learned
advocate for applicant and Ms. Ratnavali Patil, learned APP for the
prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The name of the applicant is not
mentioned in the First Information Report. It appears that the informant
Haresh Samjibhai Kasodiriya has lodged report against Shalin
Nitinkumar Shah, on the allegations that he committed criminal breach
of trust in respect of diamonds worth Rs.21,52,91,962/- and cheated
him. The present applicant is wife of co-accused Shalin Nitinkumar
Shah. The investigating officer strongly opposed the application mainly
on the ground that the diamonds worth Rs.5,00,000/- are recovered
from residence of present applicant. However, it appears that after
registration of an offence the investigating officer arrested the applicant
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on 28/03/2024 and after sufficient police custody she was taken into
judicial custody on 08/04/2024. It further appears that in the First
Information Report there are no allegations against the applicant. The
presence of the applicant is not necessary for any recovery or discovery.
The applicant is local resident and ready to co-operate the investigation.
The offences levelled against the applicant are not punishable with
exclusively death penalty. Nothing is placed on record about past
criminal antecedents of the applicant. In such circumstances, there are
no extraordinary circumstances to keep the applicant behind bar for
indefinite period and complete remaining part of investigation. The
applicant cannot be denied bail merely on the ground of making inquiry
with co-accused about misappropriated diamonds. The apprehension
placed on record by the investigating officer can be taken care of by
imposing certain conditions. In the facts and circumstances of the case,
the applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.1026 of 2024 is allowed.

2.

The applicant Mrs. Jalpa Shalin Shah be released on bail in Crime
no.247/2024 registered in BKC Police Station for the offences
under Section 420 and 409 r/w. 34 of the Indian Penal Code on
his executing P.R.Bond of Rs.50,000/- (Rupees Fifty Thousand)
with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
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such facts to the Court.
5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the BKC police station once
in a week i.e. on every Monday between 11.00 a.m. to 1.00 p.m.
till filing of charge-sheet and co-operate the investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.1026 of 2024 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.04.26
17:46:34 +0530
26/04/2024
Dictated on
: 26/04/2024
Transcribed on : 26/04/2024
Signed on
: 26/04/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
26/04/2024
5.45 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
26/04/2024
JUDGEMENT /ORDER signed by P.O.
on
26/04/2024
JUDGEMENT /ORDER uploaded on
26/04/2024