1
B.A.1133 of 2022
CNR:MHCC02-006303-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1133 OF 2022
IN
(C.R.NO.26 OF 2022)
1 Vinkal Girish Shah
Age:37 years, Indian
Inhabitant, R.No.113,
5th Floor, Building No.402/
408, P. B.Marg, Mumbai:4.
2 Khetaram Rangaji Devasi
Age:30 years, Indian Inhabitant
Room No.22, 3rd Floor, Vishram
Building, Kolbat Lane, Chirabazar,
Mumbai:02.
3 Sureshbhai Karshanbhai Borda
Age:50 years, Indian Inhabitant
33, Kesarvatika Behind Rajeshwari
Cinema, Sorsad Road, Taluka and
Dist:Anand, Gujarat.
4 Kunal Bharat Mehta
Age:36 years, Indian Inhabitant,
Flat No.501, Narmada Heritage
Building, Ramdev Park, Mira
Road(E).

.. 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.1133 of 2022
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 13th 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 applicant No.1 Vinkal Girish Shah, applicant No.2
Khetaram Rangaji Devasi, applicant No.3 Sureshbhai Karshanbhai
Borda and applicant No.4 Kunal Bharat Mehta in C.R.No.26 of
2022 of D.B. Marg Police Station, Mumbai for the offence
punishable
U/s.409,
406,
420
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 Harshit
Ramesh Bhai Nakrani, resident of Surat. He is having business of
making valuable stones from rough stones. On 24/12/2021,
informant was acquainted with the applicant No.3 Sureshbhai
Borda and he informed about applicant No.1
Vinkal Shah and
applicant No.4 Kunal Mehta, purchasers of the valuable stones.
Applicant No.3 Sureshbhai Borda introduced himself as a broker.
On 25/12/2021, at about 3.00 p.m, informant showed 22 CBD
certified diamonds worth Rs.18,24,810/- to the applicant No.1
Vinkal Shah. At that time, applicant No.1 showed his willingness to
purchase it.

However, at that time, he did not have money.

Therefore, he packed the same in one packet and asked the
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B.A.1133 of 2022
informant to bring that packet on 27/12/2021 to complete the
transaction. On 27/12/2021, applicant No.1 Vinkal Shah told that
he is having Rs.7 lakhs only and therefore, he proposed that he is
having gold ingot worth Rs.9,60,000/- and he is ready to hand over
the same. He further assured that he will pay the balance amount
of Rs.11,24,810/- on 28/12/2021 and he will receive back gold
ingot. Relying on his words, informant agreed and handed over the
said diamonds and received Rs.7 lakhs and gold ingot. On the
same day, at his office, he asked to check gold ingot. However, he
found ingot is not of pure gold.

Therefore, he immediately
contacted applicant No.3 Sureshbhai Borda. He gave idea to
demand his diamonds back from applicant No.1 under the pretext
that another person Rajan Tendulkar is ready to purchase it. On
29/12/2021, applicant No.1 Vinkal Shah informed to the informant
that his partner applicant No.4 Kunal Mehta will come with
diamonds and informant has to return Rs.7 lakhs and gold ingot to
him. Applicant No.4 Kunal Mehta took the informant at Panchratna
Building and told him that diamonds are kept in the office and he
will come back. He asked to hand over Rs.7 lakhs to him. Relying
on his words, informant handed over Rs.7 lakhs to him. However,
Applicant No.4 Kunal Mehta went away and did not return.
Accordingly, informant lodged FIR. During investigation, applicant
No.2
Khetaram Devasi
was arrested and he informed that
diamonds were handed over to co-accused Pravin @ Pappu Jain.
He has sold the same to Jaydeep Rathiya. It is further revealed that
said Jaydeep Rathiya handed over the diamonds to Devendra Shah
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B.A.1133 of 2022
and said Devendra Shah produced the diamonds before the police
which were seized.
4
Learned Adv. Deepak Dere for applicants argued that
muddemal is already recovered. Maximum punishment prescribed
for the offence is seven years.

It is requested to allow the
application.
5
On the contrary, learned APP Abhijeet Gondwal
submitted to pass suitable order.
6
After hearing both the sides, I have gone through
record. There is recovery of the diamonds on the information given
by the applicant No.2 Khetaram Devasi, from Devendra Shah.
Earlier bail applications of applicants were rejected on the ground
that investigation was in progress. Now the investigation is over
and chargesheet is filed. Considering all the facts, I am inclined to
allow the application. Hence, I pass following order.
ORDER
1
Bail Application No.1133 of 2022 is hereby allowed.

2
Applicant No.1 Vinkal Girish Shah, applicant No.2
Khetaram Rangaji Devasi, applicant No.3 Sureshbhai Karshanbhai
Borda and applicant No.4 Kunal Bharat Mehta in C.R.No.26 of
2022 of D.B. Marg Police Station, Mumbai for the offence
punishable U/s.409, 406, 420 r/w 34 of Indian Penal Code be
released on bail on executing PR bond of Rs.50,000/- each with one
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surety of the same amount.

B.A.1133 of 2022
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.

5
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 :13/05/2022.
Gr. Mumbai
Dictated on
:13/05/2022.
Transcribed on :13/05/2022.
Signed on
:13/05/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 13/05/2022.
TIME:03.30 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 13/05/2022.

Judgment/Order signed by P.O. on
13/05/2022.

Judgment/Order uploaded on
13/05/2022.