Mumbai, Maharashtra – Dilip Manjibhai Nayani, a 46-year-old resident of Surat, who was implicated in a case involving the alleged exchange of natural rubies worth ₹5 crores with duplicates, has been granted bail by the Sessions Court for Greater Mumbai. The order, issued on March 29, 2022, by Additional Sessions Judge R. M. Sadrani (C.R. No. 37), found that Nayani’s involvement in the crime appeared to be minimal.

Nayani was arrested in connection with C.R. No. 23 of 2022 registered at D.B. Marg Police Station, Mumbai, facing charges under Sections 420 (cheating), 120B (criminal conspiracy), 109 (abetment), read with 34 (common intention) of the Indian Penal Code (IPC). He sought regular bail under Section 439 of the Code of Criminal Procedure.

The Allegations and The Defense’s Stance

According to the prosecution, the informant, Amin M.H. Ali Mo. Dadabhai from Myanmar, who is in the business of exporting diamonds from India to Myanmar, came to India with two natural rubies valued at ₹5 crores. He reportedly connected with a person named Isha Dutt online, who introduced him to co-accused Uday Chokasi. Chokasi allegedly informed the informant that Dilip Nayani had a diamond business and would be interested in purchasing the rubies.

The informant and his friend were then brought to an office in Panchratna Building, Opera House, Mumbai. There, Chokasi introduced co-accused Vinkal Shah and Pravin @ Pappu Jain. When the informant inquired about Nayani, Chokasi stated that they were brought to the office under Nayani’s instruction.

The informant showed the rubies to Vinkal Shah, who in turn showed a diamond in exchange. However, the informant did not like Shah’s diamond. The next day, on February 1, 2022, Vinkal Shah, along with co-accused Pravin @ Pappu Jain, Uday Chokasi, Khetaram Devasi, and Suresh Borda, allegedly kept the informant engaged in conversation while systematically swapping his packet of genuine rubies with a packet containing duplicates. The informant discovered the fraud after returning to his hotel and subsequently lodged an FIR. The original rubies were reportedly recovered from co-accused Vinkal Shah.

Advocate Deepak Dere, representing Nayani, argued that the crucial evidence (muddemal) had already been recovered. He highlighted that the maximum punishment for the alleged offense is seven years and that there were no specific allegations against Nayani regarding the actual exchange of the packets. He stressed that Nayani was not present at the time of the offense and that his name was only “referred by co-accused Uday Chokasi.”

On the other hand, APP Abhijeet Gondwal, supported by the investigating officer, opposed the bail application. They contended that Nayani was part of a “gang” operating with the co-accused and that the informant had identified some individuals during a test identification parade. They also cited previous criminal antecedents against Nayani, urging the court to reject the application.

Court’s Decision and Conditions for Bail

After hearing both sides and reviewing the case record, Judge Sadrani noted that the FIR explicitly named co-accused Vinkal Shah, Uday Chokasi, Pravin @ Pappu Jain, Khetaram Devasi, and Suresh Borda. The court critically observed that Nayani “was nowhere present” at the scene of the crime. His name only surfaced when co-accused Uday Chokasi mentioned that Nayani had called him for the purchase of rubies. However, when the informant arrived at the office, Nayani was absent.

The judge concluded: “Except this, there is no other role. There is no any talk between the applicant and the informant. Considering the role assigned to the applicant, I am inclined to allow the application.”

Dilip Manjibhai Nayani has been released on bail upon executing a personal recognizance (PR) bond of ₹50,000 with one or more sureties of the same amount. Additionally, he must deposit a cash surety of ₹50,000.

The bail comes with the following conditions:

• He must furnish his detailed address and phone number at the time of furnishing bail.
• He must attend D.B. Marg Police Station, Mumbai, every Friday between 11:00 a.m. and 2:00 p.m. until further orders.
• He shall not, directly or indirectly, induce, threaten, or promise any person acquainted with the facts of the accusation so as to dissuade them from disclosing facts to the court or police.
• He shall not leave India without the prior permission of the court.

The bail application has been disposed of accordingly. This decision indicates the court’s prima facie view that Nayani’s direct involvement in the alleged ruby swap was not clearly established at the bail stage, paving the way for him to participate in the ongoing legal proceedings from outside custody.