M/S Nirbhay Gems Through Its ... vs The State Of Maharashtra
2022 Latest Caselaw 11323 Bom

                                                              21-APL-1000-2022.doc


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

                  CRIMINAL APPLICATION NO.1000 OF 2022

 Nirbhay Gems Through its Employee
 Mehul B Kapadia.                                ... Applicant
            V/s.
 The State of Maharashtra.                       ... Respondents

 Ms. Anjali Patil for the applicant.
 Ms. G.P. Mulekar APP for the State in Cri Appln
 No.1000/2022 & 1006/2022.
 Mr. S.S. Pednekar APP for the State in Cri Appln
 NO.1004/2022.
                        CORAM : AMIT BORKAR, J.

                               DATED       : NOVEMBER 9, 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.1,41,98,145/- while allowing the application for return of 556.79 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 556.79 carats of diamonds to one Harenbhai Fichadia. According to the case of the prosecution, the applicant along with other co-accused embezzled the said diamonds which were recovered from the accused. The applicant claiming to be the owner of diamonds

21-APL-1000-2022.doc

applied for return of the said diamonds. The learned Magistrate by impugned order dated 4th March, 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 4th March, 2022. Hence, the following order :

a) Condition (1b) in the order dated 4th March, 2022 passed by the learned Metropolitan Magistrate 71st Court, Bandra, Mumbai in CC No.271/N/2020 is quashed and set aside.

21-APL-1000-2022.doc

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

(AMIT BORKAR, J.)