Mumbai, February 9, 2022 – Paghadal Bharatbhai Vashrambhai, a 34-year-old businessman, has been denied bail by the Sessions Court for Greater Bombay in connection with a case of cheating and breach of trust involving diamonds worth Rs. 15 lakhs. Additional Sessions Judge M.G. Deshpande (Court Room No. 16) rejected the bail application on February 8, 2022.

Vashrambhai was arrested in connection with C.R. No. 339/2021, registered at the BKC Police Station, under Sections 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code (IPC).

Background and Allegations:

The case was initiated by Dinesh Amthalal Shah, a diamond businessman, who runs “C Dinesh and Co. Pvt. Ltd.” Shah alleged that he entrusted 283.37 carats of diamonds to Vashrambhai, also known as Bharatbhai Patel, through a mutual acquaintance, Jaysukhbhai Desai.

Shah had previously conducted transactions with Vashrambhai through Desai, building trust. On March 2, 2021, Vashrambhai and Desai visited Shah’s firm, where Shah handed over the diamonds, valued at Rs. 4,700 per carat, totaling Rs. 15 lakhs. A “Jangad” (receipt) was prepared and signed by Vashrambhai.

Subsequently, when Desai pursued Vashrambhai for payment, Vashrambhai made excuses, claiming he was out of town and unable to return due to the COVID-19 lockdown. When Vashrambhai stopped responding altogether, Shah filed an FIR.

Arguments Presented:

Mr. Sunny Aaron Waskar, representing Vashrambhai, argued that his client was falsely implicated and that his first bail application had been wrongly rejected by the Metropolitan Magistrate. He contended that Vashrambhai had been transferred to this case from another similar crime and had already undergone police custody.

Additional Public Prosecutor (APP) Rashmi Tendulkar opposed the bail, citing the seriousness of the offense and the need for a thorough investigation. She argued that Vashrambhai would abscond if released, frustrating the investigation.

Court’s Reasoning and Decision:

Judge Deshpande noted that Vashrambhai, also known as Bharat Vashram Paghadal, had been arrested in another similar case (C.R. No. 1194/2021) and was transferred to this case. The court also highlighted the Metropolitan Magistrate’s observation that Vashrambhai had not denied receiving the diamonds or informed Shah about their whereabouts.

During interrogation, Vashrambhai claimed to have sold the diamonds to Anil Sanghvi, but this claim was found to be false upon investigation. The court concluded that there was prima facie evidence of cheating and that the recovery of the valuable diamonds was crucial to the investigation.

The court also considered Vashrambhai’s conduct, noting that he had initially avoided contact with Shah under the pretext of COVID-19 and was later arrested in another crime. The court determined that a thorough investigation was necessary and that releasing Vashrambhai on bail would hinder the investigation.

Order Issued:

The court rejected Vashrambhai’s bail application, concluding that he had failed to establish a strong prima facie case for release. The order was signed on February 8, 2022, and uploaded on February 9, 2022.

This decision reflects the court’s concern over the seriousness of economic offenses and its commitment to ensuring a thorough investigation, particularly when the accused’s conduct suggests an attempt to deceive and obstruct justice.