1
B.A.933 of 2022
CNR:MHCC02-005293-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.933 OF 2022
IN
(C.R.NO.23 OF 2022)
1 Sureshbhai Karshanbhai Borad
Age:50 years, 33, Kesarvatika
Behind Rajeshwari Cinema,
Sorsad Road, Taluka and
Dist:Anand, Gujarat.
2 Khetaram Rangaji Devasi
Age:30 years, R.No.22,
3rd Floor, Vishram Building,
Kolbat Lane, Chirabazar,
Mumbai:02.
3 Vinkal Girish Shah
Age:37 years, R.No.113,
5th Floor, Building No.402/
408, Patthe Bapurao Marg,
Mumbai:400 004.

.. Applicants
V/s.
The State of Maharashta
(at the instance of D.B. Marg
Police Station, Mumbai)
Appearances:
Adv. Deepak Dere for applicants.
APP Abhijeet Gondwal for Respondent.

.. Respondent
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B.A.933 of 2022
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 10th May, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of
regular bail to the applicant No.1 Sureshbhai Karshanbhai Borad,
applicant No.2 Khetaram Rangaji Devasi and applicant No.3 Vinkal
Girish Shah in C.R.No.23 of 2022 of D.B. Marg Police Station,
Mumbai for the offence punishable U/s.420, 120B, 109 r/w. 34 of
Indian Penal Code(hereinafter referred to as IPC).
2
Perused the application. Heard both the sides.

3
As per case of the prosecution, informant is Amin M.H.

Ali Mo. Dadabhai resident of Myanmar Country. He is residing with
his friend Vhin E.E. Zhou in India from couple of months.
Informant was having two stones i.e. Natural Rubies worth Rs.5
Crores. He is having business to export diamonds from India to
Myanmar. He came into contact with Isha Dutt through online.
She introduced co-accused Uday Harischandra Chokasi. Co-accused
Uday Harischandra Chokasi informed that co-accused Dilip Nayani
is having diamond business and he will purchase the diamonds. Coaccused Uday Harischandra Chokasi called informant at Mumbai
and thereafter, taken
informant and his friend to a office in
Panchratna Building, Opera House, Mumbai. In that office, co-
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B.A.933 of 2022
accused Uday Harischandra Chokasi introduced applicant No.3
Vinkal Shah and Pravin @ Pappu Jain. When informant inquired
about co-accused Dilip Nayani, co-accused Uday Harischandra
Chokasi informed that as per his instruction, they were brought in
that office.

Thereafter, informant showed Rubies with him to
applicant No.3 Vinkal Shah. Applicant No.3 Vinkal Shah showed
diamond in exchange of said Rubies. However, informant did not
like diamond of applicant No.3 Vinkal Shah. Further, said applicant
No.3 called him on next day i.e. on 01/02/2022. At that time, coaccused
Pravin @ Pappu Jain, co-accused Uday Harischandra
Chokasi, applicant No.2 Khetaram Devasi and applicant No.1
Suresh Borad were present. In their presence, applicant No.3 Vinkal
Shah showed his willingness to purchase Rubies of the informant.
Meanwhile, other accused kept the informant busy in talking and
systematically packet with the Rubies was exchanged with the
packet of duplicate Rubies. Thereafter, informant went to Royal
Casal Hotel at August Kranti Maidan. Mumbai. After taking meal,
he checked the packet and noticed that Rubies were exchanged and
duplicate Rubies were kept in the packet. Accordingly, he lodged
FIR. Said Rubies are recovered from applicant No.3 Vinkal Shah.
4
Learned Adv.Deepak Dere for applicant argued that
muddemal is already recovered. Maximum punishment prescribed
for the offence is seven years. There is no specific allegation who
exchanged packet of Rubies with the duplicate Rubies and that is
matter of trial. It is requested to allow the application.

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B.A.933 of 2022
On the contrary, learned APP Abhijeet Gondwal
submitted to pass suitable order.
6
After hearing both the sides, I have gone through
record. Diamonds are recovered from applicant No.3 Vinkal Shah.
Investigation is over and chargesheet is filed. Earlier B.A.No.484 of
2022 was rejected on 29/03/2022, observing that investigation is
in progress. Considering the nature of punishment and all the
offences are triable by the Magistrate’s Court, I am inclined to allow
the application. Hence, I pass following order.
ORDER
1
Bail Application No.933 of 2022 is hereby allowed.

2
Applicant
No.1
Sureshbhai
Karshanbhai
Borad,
applicant No.2 Khetaram Rangaji Devasi and applicant No.3 Vinkal
Girish Shah in C.R.No.23 of 2022 of D.B. Marg Police Station,
Mumbai for the offence punishable U/s.420, 120B, 109 r/w. 34 of
Indian Penal Code be released on bail on executing PR bond of
Rs.50,000/- each with one surety each of the same amount. In
addition to this, applicants to deposit cash surety of Rs.50,000/each.
3
Applicants to furnish their detailed address, phone
number at the time of furnishing bail.
4
Bail before the Court attending remand.

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B.A.933 of 2022
Applicants shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against themselves so as to dissuade him
from disclosing such facts to the Court or to any police officer.
6
Applicants shall not leave India without previous
permission of the Court.
7
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :10/05/2022.
Gr. Mumbai
Dictated on
:10/05/2022.
Transcribed on :10/05/2022.
Signed on
:10/05/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 10/05/2022.
TIME:04.25 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 10/05/2022.

Judgment/Order signed by P.O. on
10/05/2022.

Judgment/Order uploaded on
10/05/2022.