Mumbai, Maharashtra – April 28, 2022 – A Mumbai Sessions Court has granted bail to Himmatsingh Mohansingh Baliya, a resident of Rajasthan, accused of receiving stolen property in a high-profile theft case involving gold ornaments and cash worth over ₹8 crore. The court, presided over by Additional Sessions Judge R.M. Sadrani, granted bail after considering the completion of the investigation and the filing of the charge sheet.

Himmatsingh Mohansingh Baliya (30), an auto-rickshaw driver from Sirohi, Rajasthan, was arrested in connection with C.R. No. 9 of 2022, registered at L.T. Marg Police Station, Mumbai. He was charged under sections 381 (theft by clerk or servant), 201 (causing disappearance of evidence of offense, or giving false information to screen offender), 411 (dishonestly receiving stolen property), 120B (criminal conspiracy), and 212 (harboring offender), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Details of the Theft and Allegations:

According to the prosecution, on January 14, 2022, at 1:30 AM, Ganesh Hiraram Kumar, a servant of goldsmith Khushal Rasiklal Tamka, stole gold ornaments and cash totaling ₹8,19,37,871 from his employer’s office locker. Kumar allegedly committed the theft in collusion with co-accused Ramesh Prajapati.

The prosecution alleged that Baliya knowingly received property involved in the offense. The stolen property received by him was recovered. Baliya was arrested on January 21, 2022, and the charge sheet had been filed by the time of the bail application.

Arguments Presented During the Bail Hearing:

Advocate Salunke appeared for Baliya, while Ld. APP Abhijeet Gondwal represented the prosecution.

Court’s Reasoning and Decision:

Judge Sadrani, after reviewing the case records, considered the nature of the offense and the prescribed punishment. He noted that the investigation was complete and the charge sheet had been filed.

“Investigation is over and chargesheet is filed. Applicant is arrested on 21/01/2022,” Judge Sadrani stated in the order.

Considering Baliya’s residency in Rajasthan, the court decided to impose stringent conditions to ensure his presence during the trial.

“Applicant is resident of Rajasthan. Therefore, in order to secure presence of the applicant, following order will suffice the purpose,” Judge Sadrani noted.

Conditions of Bail:

The court granted bail to Baliya on a personal bond of ₹25,000 with one surety of the same amount. Additionally, Baliya was required to deposit a cash surety of ₹25,000. The bail was subject to the following conditions:

• Baliya must furnish his detailed address and phone number at the time of furnishing bail.
• The bail must be furnished before the court attending remand.
• Baliya must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Baliya must not leave India without the court’s permission.

Implications of the Decision:

This decision highlights the court’s consideration of the completion of the investigation and the filing of the charge sheet when granting bail. It also underscores the court’s emphasis on ensuring the accused’s presence during trial, especially when the accused is a resident of another state. The imposition of a cash surety, in addition to the personal bond and surety, reflects the court’s effort to balance the accused’s right to bail with the need to ensure his availability for the judicial process.