Mumbai, Maharashtra – May 10, 2022 – Uday Harischandra Chokasi has been granted bail in a case involving the theft of natural rubies. The Additional Sessions Judge, R.M. Sadrani, of the Sessions Court for Greater Bombay, approved Chokasi’s bail application (Bail Application No. 944 of 2022) citing the recovery of the stolen rubies and the completion of the investigation.

Background of the Case:

Chokasi was arrested and charged under Sections 420 (cheating), 120B (criminal conspiracy), 109 (abetment), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Allegations and Arrest:

According to the prosecution, the complainant, Amin M.H. Ali Mo. Dadabhai, a resident of Myanmar, was in possession of two natural rubies worth Rs. 5 Crores. He was introduced to Chokasi through an online contact, Isha Dutt. Chokasi then introduced the complainant to co-accused Dilip Nayani, claiming he was a diamond trader interested in purchasing the rubies. Chokasi called the complainant to Mumbai and took him to an office in Panchratna Building, Opera House, where he introduced him to co-accused Vinkal Shah and Pravin @ Pappu Jain.

The complainant showed the rubies to Vinkal Shah, who offered diamonds in exchange. However, the complainant did not like the diamonds. The next day, Vinkal Shah expressed willingness to purchase the rubies. During this meeting, while the complainant was engaged in conversation, the packet containing the rubies was allegedly exchanged with a packet of duplicate rubies. The complainant discovered the switch later at his hotel and filed an FIR. The rubies were recovered from co-accused Vinkal Shah.

Defense Arguments:

Advocate Shagufta Shaikh, representing Chokasi, argued that the stolen rubies had been recovered, the maximum punishment for the offense was seven years, and the specific role of who exchanged the packets was a matter of trial. She requested the court to grant bail to her client.

Prosecution’s Counter-Arguments:

Additional Public Prosecutor (APP) Abhijeet Gondwal submitted to the court to pass a suitable order.

Court’s Observations and Decision:

Judge Sadrani noted that the rubies had been recovered from co-accused Vinkal Shah, the investigation was complete, and the chargesheet had been filed. The court also observed that Chokasi’s earlier bail application (B.A. No. 389 of 2022) had been rejected on March 29, 2022, when the investigation was still in progress.

“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,” Judge Sadrani stated in his order.

The court concluded that considering the nature of the punishment and the fact that all offenses were triable by the Magistrate’s Court, Chokasi’s bail application should be allowed.

Order:

The court granted bail to Chokasi, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 50,000 with one surety of the same amount.
• He must deposit a cash surety of Rs. 50,000.
• He must provide his detailed address and phone number at the time of furnishing bail.
• Bail must be furnished before the court attending remand.
• He must not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case.
• He must not leave India without prior court permission.

Significance of the Ruling:

This ruling highlights the court’s consideration of the recovery of stolen property and the completion of the investigation when deciding bail applications. The court’s decision underscores that in cases where the stolen property has been recovered, the investigation is complete, and the offenses are triable by a Magistrate’s Court, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Recovery of the stolen rubies.
• Completion of the investigation and filing of the chargesheet.
• The nature of the punishment and the fact that the offenses are triable by a Magistrate’s Court.
• Conditions to ensure Chokasi’s presence and prevent witness tampering.

Future Proceedings:

The trial will proceed in the Magistrate’s Court, where the prosecution will be required to prove the charges against Chokasi and the other accused beyond a reasonable doubt. The court will monitor Chokasi’s compliance with the bail conditions.