Suresh Popatbhai Borda vs State Of Maharashtra And Anr
2022 Latest Caselaw 13311 Bom

                                                            9-crwp2354-2022.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

                     WRIT PETITION NO.2354 OF 2022


 Suresh Popatbhai Borda                        ... Petitioner
            V/s.
 The State of Maharashtra & Anr.               ... Respondents


 Mr. Kamlesh R. Tiwari for the petitioner.
 Mr. R.M. Pethe, APP for the respondent No.1/State.



                               CORAM : AMIT BORKAR, J.

DATED : DECEMBER 20, 2022 P.C.:

1. The petitioner is challenging orders passed by the courts below imposing condition on the petitioner of furnishing bank guarantee in the amount of Rs.2,51,88,645/- while allowing the application for return of 201.38, 347.28 and 369.99 carat diamonds seized by the Bandra-Kurla Complex Police Station in Crime No.331 of 2018 registered under sections 420,409, 465, 468,411 and 120-B of IPC.

2. According to the petitioner, he had handed over 201.38, 347.28 and 369.99 carat diamonds to one Yatish Pichhadiya. According to the case of the prosecution, the petitioner along with other co-accused embezzled the said diamonds which were recovered from the accused. The petitioner claiming to be the owner of diamonds applied for return of the said diamonds. The

9-crwp2354-2022.doc

learned Magistrate by impugned order dated 22nd March, 2022 allowed the application for return of diamonds imposing condition of furnishing bank guarantee along with other conditions. The petitioner 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 petitioner, therefore, challenging the order of revisional Court filed present petition. The learned advocate for the petitioner relied on the judgment of this Court in Criminal Appeal No.839 of 2022 dated 27th September 2022 (M/s. Bodra Brothers v. The State of Maharashtra) holding that such imposition of condition of bank guarantee is not justified. The learned advocate for the petitioner has invited my attention in the earlier round wherein investigating officer has given no objection for release of the diamonds in favour of the application on such conditions as the Court deem fit.

4. In view of no objection given by 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 petitioner has made out a case for modifying condition 1(b) in the orders passed by the learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai. Hence, the following order:

a) Condition 3 of the order dated 22nd March 2022 passed by the learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai in CC No.261/N/2020 and CC No.17/N/2019 is modified to the effect that the petitioner is directed to furnish P.R. Bond in the

9-crwp2354-2022.doc

amount of Rs.2,51,88,645/-;

b) Other conditions stipulated in the impugned order shall continue to remain in force.

5. The Criminal Writ Petition is disposed of in above terms. No costs.

(AMIT BORKAR, J.)