Mumbai, April 26, 2024 – Jalpa Shalin Shah has been granted bail by the Sessions Court for Greater Bombay in a fraud case. Additional Sessions Judge V.M. Sundale (Court Room No. 27) issued the order on April 26, 2024.
Shah was arrested in connection with C.R. No. 247/2024, registered at the BKC Police Station, for offenses under Sections 420 (cheating) and 409 (criminal breach of trust) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal1 Code (IPC).
Background and Allegations:
The complainant alleged that Shah and co-accused committed criminal breach of trust and cheated him.
Arguments Presented:
Advocate P.J. Shah, representing Jalpa Shah, filed the bail application under Section 439 of the Criminal Procedure Code (CrPC).
Additional Public Prosecutor (APP) Ratnavali Patil, representing the State, opposed the bail, stating that diamonds worth Rs. 5,00,000 were recovered from Shah’s residence. The prosecution argued that the offense was serious, the investigation was ongoing, and Shah’s presence was necessary for inquiries about misappropriated diamonds.
Court’s Reasoning and Decision:
Judge Sundale reviewed the record and submissions from both sides. He noted that Jalpa Shah’s name was not mentioned in the First Information Report (FIR). The FIR was lodged against Shalin Nitinkumar Shah, Jalpa’s husband, alleging criminal breach of trust involving diamonds worth Rs. 21,52,91,962.
The court observed that Jalpa Shah was arrested on March 28, 2024, and after sufficient police custody, she was taken into judicial custody on April 8, 2024. The court also highlighted the absence of allegations against Jalpa Shah in the FIR.
The court stated that Jalpa Shah’s presence was not required for any recovery or discovery, and she was a local resident willing to cooperate with the investigation. The offenses were not punishable with the death penalty, and there was no record of past criminal antecedents.
The court found no extraordinary circumstances to justify Jalpa Shah’s continued detention for the remaining investigation. The court rejected the argument that she should be detained for inquiries about misappropriated diamonds. The court concluded that the prosecution’s apprehensions could be addressed by imposing certain conditions.
Bail Conditions:
Jalpa Shah was granted bail upon executing a personal bond of Rs. 50,000 with one or two sureties of the same amount. The following conditions were imposed:
- Jalpa Shah and her sureties must provide their mobile numbers, email addresses, and residential address documents.
- Jalpa Shah must not directly or indirectly influence, threaten, or pressurize any person acquainted with the case.
- Jalpa Shah must not leave India without prior permission from the court.
- Jalpa Shah must attend the BKC Police Station once a week (every Monday between 11:00 a.m. and 1:00 p.m.) until the charge sheet is filed and cooperate with the investigating agency.
- Provisional cash bail of Rs. 50,000 was allowed, with the requirement to furnish surety within four weeks of release, failing which the cash bail would be forfeited.
- Breach of any condition would result in the cancellation of bail.
- Bail to be furnished before the Metropolitan Magistrate Court.
Order Details:
The order was dictated, transcribed, and signed on April 26, 2024. The certified copy was uploaded on April 26, 2024, at 5:45 p.m.
This decision reflects the court’s consideration of the lack of allegations against Jalpa Shah in the FIR, the completion of her police custody, the triable nature of the offenses, the lack of compelling reasons for continued detention, and the imposition of conditions to ensure her compliance with the legal process.