Mumbai, May 13, 2022 – Vinkal Girish Shah, Khetaram Rangaji Devasi, Sureshbhai Karshanbhai Borda, and Kunal Bharat Mehta, accused in a cheating and criminal breach of trust case, have been granted bail by Additional Sessions Judge R.M. Sadrani. The court cited the recovery of the stolen diamonds and the filing of the charge sheet as key factors in its decision.

The four accused were arrested in connection with C.R. No. 26 of 2022 registered at D.B. Marg Police Station, Mumbai. They were charged under Sections 409 (criminal breach of trust by a public servant, or by banker, merchant or agent), 406 (criminal breach of trust), and 420 (cheating) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).¹

Prosecution’s Case:

The complainant, Harshit Ramesh Bhai Nakrani, alleged that he was defrauded of 22 CBD certified diamonds worth Rs. 18,24,810. He claimed that the accused, posing as buyers and brokers, induced him to hand over the diamonds in exchange for Rs. 7 lakhs and a fake gold ingot. When the complainant discovered the ingot was not pure gold, he attempted to retrieve his diamonds but was further cheated by the accused.

Defense Arguments:

Advocate Deepak Dere, representing the accused, argued that the stolen diamonds had already been recovered. He also highlighted that the maximum punishment for the offenses was seven years and requested the court to grant bail.

Prosecution’s Stance:

APP Abhijeet Gondwal, representing the State, did not strongly oppose the bail application but requested the court to pass a suitable order.

Court’s Observations and Decision:

Judge Sadrani noted that the diamonds had been recovered based on information provided by accused Khetaram Devasi. He also acknowledged that the earlier bail applications of the accused had been rejected when the investigation was still ongoing. However, with the investigation now complete and the charge sheet filed, the court deemed it appropriate to grant bail.

“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,” Judge Sadrani stated in his order.

Conditions of Bail:

The accused were granted bail on the following conditions:

• They must each execute a Personal Recognizance (PR) bond of Rs. 50,000 with one surety of the same amount.
• In addition, they must each deposit a cash surety of Rs. 50,000.
• They must provide their detailed address and phone number at the time of furnishing bail.
• Bail to be furnished before the court attending remand.
• They must not directly or indirectly influence any witnesses.
• They must not leave India without prior court permission.

Implications:

This decision highlights the court’s consideration of the recovery of stolen property and the completion of the investigation in granting bail. The court’s emphasis on preventing witness tampering and ensuring the accused’s presence during the trial is also evident in the conditions imposed. The addition of a cash surety along with the PR bond and regular surety indicates the court’s desire to ensure compliance with the bail conditions.