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B.A.944 of 2022
CNR:MHCC02-005322-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.944 OF 2022
IN
(C.R.NO.23 OF 2022)
Uday Harischandra Chokasi
Aged:49 years, Occ:Business,
Pearl Business, R/at.A-9,
Vighneshwar Estate, 02nd
Floor, R.No.09, Nanpura,
Surat, State:Gujarat.

.. Applicant
V/s.
The State of Maharashta
(at the instance of D.B. Marg
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Shagufta Shaikh for applicant.
APP Abhijeet Gondwal for Respondent.
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 Uday Harischandra Chokasi in
C.R.No.23 of 2022 of D.B. Marg Police Station, Mumbai for the
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B.A.944 of 2022
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 the applicant. Applicant informed that co-accused
Dilip Nayani is having diamond business and he will purchase the
diamonds.

Applicant called informant at Mumbai and thereafter,
taken informant and his friend to a office in Panchratna Building,
Opera House, Mumbai. In that office, applicant introduced coaccused Vinkal Shah and Pravin @ Pappu Jain. When informant
inquired about co-accused Dilip Nayani, applicant informed that as
per his instruction, they were brought in that office. Thereafter,
informant showed Rubies with him to co-accused Vinkal Shah.
Said Vinkal Shah showed diamond in exchange of said Rubies.
However, informant did not like diamond of Vinkal Shah. Further,
said Vinkal Shah called him on next day i.e. on 01/02/2022. At
that time, co-accused Pravin @ Pappu Jain, applicant, co-accused
Khetaram Devasi and Suresh Borda were present. In their presence,
Vinkal Shah showed his willingness to purchase Rubies of the
informant. Meanwhile, other accused kept the informant busy in
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B.A.944 of 2022
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 coaccused Vinkal Shah.
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Learned Adv. Shagufta Shaikh 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.
5
On the contrary, learned APP Abhijeet Gondwal
submitted to pass suitable order.
6
record.

After hearing both the sides, I have gone through
Diamonds are recovered from co-accused Vinkal Shah.

Investigation is over and chargesheet is filed. Earlier B.A.No.389 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.944 of 2022 is hereby allowed.

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B.A.944 of 2022
Applicant Uday Harischandra Chokasi 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/- with one
surety of the same amount. In addition to this, applicant to deposit
cash surety of Rs.50,000/-.
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Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
4
Bail before the Court attending remand.

5
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
6
Applicant shall not leave India without previous
permission of the Court.
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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.

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B.A.944 of 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.