Bombay High Court
M/S Drashti Diam Through Its ... vs The State Of Maharashtra on 12 December, 2022
Bench: Amit Borkar
19-APL-1235-2022.doc
Ghuge
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1235 OF 2022
Drashti Diam Through its Partner
Nileshbhai Balabhai Jivani. ... Applicant
V/s.
The State of Maharashtra ... Respondent
Ms. Mallika Sharma i/b Ms. Anjali Patil for the
applicant.
Mr. R.M. Pethe, APP for the State.
CORAM : AMIT BORKAR, J.
DATED : DECEMBER 12, 2022
P.C.:
1. The applicant is challenging orders passed by the Courts
below imposing condition on the applicant of furnishing bank
guarantee in the amount of Rs.89,24,220/- while allowing the
application for return of 67.22 and 296.22 carat diamonds seized
by Bandra-Kurla Complex Police Station in Crime No.331/2018
registered under Sections 420, 409, 465, 468, 411 and 120-B of
the Indian Penal Code, 1860.
2. According to the applicant, he had handed over 67.22 and
296.22 carats of diamonds to one Yatish Pichhadiya. According to
the case of the prosecution, the applicant along with other co-
accused embezzled the said diamonds which were recovered from
19-APL-1235-2022.doc
the accused. The applicant claiming to be the owner of diamonds
applied for return of the said diamonds. The learned Magistrate by
impugned order dated 28th February, 2022 allowed the application
for return of diamonds imposing condition of furnishing bank
guarantee along with other conditions. The applicant challenged
the condition of imposition of bank guarantee by filing revision
application before the learned Sessions Judge which has been
dismissed by the impugned order.
3. The applicant, therefore, challenging the order of revisional
Court filed present application. The learned Advocate for the
applicant relied on the Judgment of this Court in Criminal Appeal
No.839 of 2022 dated 27 th September, 2022 M/s Bodra Brothers
Vs. The State of Maharashtra holding that such imposition of
condition of bank guarantee is not justified. The learned advocate
for the applicant has invited my attention in the earlier round
wherein Investigating Officer has given no objection for release of
the diamonds in favour of the applicant on such conditions as the
Court deem fit.
4. In view of no objection given by the respondent Nos.2 and 3
before the learned Magistrate and considering the order passed by
this Court in Criminal Appeal No.839 of 2022. In my opinion, the
applicant has made out a case for quashing condition (1b) in order
dated 28th February, 2022. Hence, the following order :
a) Condition (1b) in the order dated 28th February, 2022
passed by the learned Metropolitan Magistrate 71st Court,
Bandra, Mumbai in CC No.262/N/2020 and CC
19-APL-1235-2022.doc
No.124/N/2019 is quashed and set aside.
5. The Criminal Application is disposed of in above terms. No
costs.
(AMIT BORKAR, J.)
