1
Cri. BA No.280/2024
MHCC020018932024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.280 OF 2024
Kunal Bharat Mehta
Age: 37 years, Occ : Nil, R/o : Flat No.501,
Narmada Heritage Bldg. Ramdev Park, Mira
Road (E), Thane.

… Applicant/
Accused
VERSUS
The State of Maharashtra,
Through Dr. D.B. Marg Police Station
… Prosecution
Mr. Girish Kulkarni h/f A. N. Phalke , learned Advocate for Accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 05/02/2024)
This is application under Section 439 of Cr.P.C. for releasing
accused Kunal Bharat Mehta on bail in Crime No.313/2023 for the
offence punishable under Section 409, 420, 465 of Indian Penal Code,
registered with Dr. D.B. Marg Police Station, Mumbai.
2.

Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply, and other documents.
3.

It is case of prosecution that complainant Mr. Raghvendra
Venkatchalapati has given report/complaint on 10/10/2023 and
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Cri. BA No.280/2024
alleged that he is dealing in business of diamond at Bangalore. He
knows Mohd. A. Abdul Karim Zafar, resident of Chennai from 7 years
because he is in the same business. Complainant owns “Natural HPHT
processed diamond 11.00 carat” worth of Rs.90,00,000/- and he was
intending to sell it. Therefore, complainant has asked the said Zafar to
see the purchaser party. On 12/9/2023 Zafar has told to the
complainant that there is broker from Bangalore and he is purchaser
party at Mumbai. On 13/9/2023 complainant came at Mumbai. Zafar
has taken complainant in the Zaveri Market, Mumbai and introduced
with a person – Mr. Dilip. He told to the complainant that the purchaser
party is at Pancharatna Building, Grant Road, Mumbai and the said
party is ready to purchase the diamond for sum of Rs.6 Crore. Mr. Dilip
has checked the said diamond at B.G.L. Lab, Shop No.8, 10, Dhanji
Street, Ground Floor, Mumbai and obtained certificate. Mr. Dilip stated
that they will go at Pancharatna Building, Grant Road, Mumbai.
4.

On 13/9/2023 at about 5.30 p.m. Mohd. A. Abdul Karim
Zafar and Dilip have taken the complainant in the office at 422/B, 4 th
floor, Pancharatna, Mumbai. Zafar has introduced the complainant with
the Kunal Mehta who present in the said office. Kunal Mehta has
checked the said diamond and said, today its very late, come tomorrow.
On 14/9/2023 at about 2.45 p.m. complainant alongwith Zafar and
Dilip came in the said office of Pancharatna Building. Kunal Mehta
(accused) has asked the complainant to give the said diamond to show
the purchaser and he will pay its price of Rs.6/- Crore. Therefore,
complainant has handed over the said diamond to accused Kunal
Mehta. Accused has shown the said diamond to one aged person who
was sitting in another cabin. Accused kept the said diamond on table in
a small plastic box (dabbi) in front of complainant. Accused has sealed
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Cri. BA No.280/2024
the said diamond in a envelop. Thereafter, accused stated that the
diamond is correct, where to send money. He will send money through
Angadiya. However, complainant stated him that yet the price of
diamond has not been fixed and they will go down of the building and
discuss about price. Hence, complainant came down from the building.
5.

Thereafter, complainant has told to the Zafar that accused
has without checking the diamond, sealed it in envelop and now he
want to check it again. Therefore, complainant again went at the said
office but he found it closed. Complainant has asked Dilip to make
phone call to accused but the said Dilip has stated that he does know
accused Kunal Mehta but he does not have his mobile number. He also
stated that he is having mobile number of partner of accused namely
Mac Shaha and he will make phone call to Mac Shaha. Thereafter, Dilip
informed to the complainant that accused is coming in the office within
15 to 20 minutes but he did not return. Complainant waited for
accused for two hours in parking area. Thereafter, Mac Shaha came
there. Complainant inquired with Mac Shaha about accused. He told
that accused had been to BKC and will come within half hour.
6.

Thereafter, complainant has inquired with the owner of
the said office namely Mosin and intimated him about the incident.
Mosin informed to the complainant that prior to two days he has given
the said office on rent basis to accused. Owner of office namely Mosin
has made phone call to accused. However, accused intimated him that
he has not visited the office from two days and he has not sealed any
diamond. On 15/9/2023, accused came in the office and stated that the
sealed diamond does not belong to him and went away. Thus,
complainant realized that he has been cheated by the accused.

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7.

Cri. BA No.280/2024
According to accused, he has been falsely implicated in
this case. He is carrying business of diamond trading since last 15
years. In September 2023, accused faced illegal activities in business
transaction as Mr. Suratwala and others tried to extort money/diamond
from accused. They assaulted and threatened the accused. Therefore,
accused has lodged complaint on 18/9/2023. However, police have not
taken cognizance. Hence, accused has filed complaint before learned
Metropolitan Magistrate u/sec. 156(3) of Cr.P.C.
8.

After
thorough
investigation/custodial
interrogation
nothing is recovered at the instance of applicant. He has co-operated
with investigation agency. Accused has no criminal antecedent. Now
the investigation is completed and prosecution has filed charge-sheet
for above offences. The disputed diamond has been recovered at the
instance of co-accused. Thus, there is change in the circumstances as
above. Therefore, present application is filed on the ground of change
of circumstance.
9.

As per reply filed by prosecution, it revealed that accused
Kunal has given the said diamond to accused Rakesh Patel. Accordingly,
IO has arrested Rakesh Patel and inquired with him. Accused Rakesh
Patel disclosed during interrogation that he with the help of co-accused
Vinkal Girish Shaha @ Mac Shaha has handed over the said diamond to
Sameer Masaliya. Thereafter, Investigating Officer has arrested Sameer
Masaliya. He disclosed that he has purchased HPHT Processed 11.02
carat diamond from Vinkal Girish Shaha and Rakesh Arvindbhai
Savliya. Sameer Masaliya has taken the said diamond from Vinkal
Shaha in his possession and given him cash of Rs.5 lakh and HPHT
2.12 carat diamond of Rs.12,90,132/- given to Vinkal towards the
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Cri. BA No.280/2024
consideration.
10.

As per prosecution, on 20.12.2023, Sameer Masaliya has
given following four diamonds to Vinkal Shaha towards the remaining
consideration of the diamond HPHT processed 11.02 carat.
i) HPHT 2.05 carat
1 diamond
Rs.14,63,404/-
ii) HPHT 2.01 carat
1 diamond
Rs.12,17,448/-
iii) HPHT 1.23 carat
1 diamond
Rs.03,29,931/-
iv) HPHT 1.07 carat
1 diamond
Rs.03,70,339/-
11.

Sameer Dineshbhai Masaliya has produced diamond HPHT
processed 11.02 carat worth of Rs.90 lakh and accordingly, it has been
seized under the panchnama. It transpired in the investigation that
accused have committed offence with the help of Dilip Sabastin Zerom,
a construction Engineer, Bangalore. Thereafter, IO has found accused
Vinkal Girish Shaha @ Mac Shaha and Dilip Sabastin Zerom at
Bangalore. In the personal search of accused Vinkal Shaha, the
Investigating Officer has found following four stones resembling
diamonds.
i) White stone
2.13 carat
Rs.12,90,132/-
ii) White stone
2.01 carat
Rs.12,17,448/-
iii) White stone
2.05 carat
Rs.14,63,404/-
iv) White stone
1.07 carat
Rs.03,70,339/-
12.

During interrogation with accused Vinkal Girish Shaha, he
stated that he has given the cash of Rs.3 lakh and HPHT 1.23 carat
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Cri. BA No.280/2024
diamond of Rs.3,29,931/- to the diamond broker viz. Sachin at
Bangalore. IO has recovered cash of Rs.3 lakh from the house of
accused Vinkal Shaha. The said amount was obtained by selling HPHT
1.23 carat diamond by Vinkal Shaha from broker Sachin.
13.

As per prosecution, if accused is released on bail, he will
pressurize the prosecution witnesses. Accused is not permanent
resident of Mumbai, and therefore, there is every likelihood that he will
not remain present during trial.
14.

Previously applicant/accused was involved in same type of
offence bearing crime No.26/2022 for offence u/s. 409, 465, 420 of
IPC. However, prosecution has not made it clear wheather he has been
convicted in the said crime. Previous Bail Application bearing Criminal
BA No.2691/2023 came to be rejected on the ground that, i) the
misappropriated property i.e. original diamond of Rs.90,00,000/remained to be recovered, ii) if applicant/accused is released on bail,
he will pressurize the prosecution witnesses, iii) the investigation is in
progress. There is strong prima-facie evidence against accused.
15.

Now the circumstances are changed. The investigation is
completed. Prosecution has filed charge-sheet before Learned Trial
Court. The misappropriated property has been recovered as contended
in above para. Accused is in jail from 14.10.2023 till date (for more
than 3 months). There are no chances to conclude the trial within short
period. Taking into consideration the above facts and nature of offence,
it is desirable to release the accused on bail. Hence, I pass following
Order.

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Cri. BA No.280/2024
ORDER
1. Bail Application No.280 of 2024 is allowed as under.
2. Applicant/accused Kunal Bharat Mehta be released on bail, in C.R.
No.313/2023 for the offence punishable under Sections 409, 420, 465
Indian Penal Code, registered with Dr. D. B. Marg Police Station,
Mumbai; subject to conditions :
i) Applicant shall execute a personal bond for a sum of Rs.50,000/- with
one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution witnesses,
directly or indirectly.
iii) Applicant shall not misuse his liberty.
iv) Applicant shall furnish his detail address and mobile number to the
investigation officer and the concerned court. In case applicant change
his residence/address and mobile number, he shall furnish the same to
the I.O and concerned court.
3. Inform to the learned trial court.

Date : 05.02.2024.
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

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Cri. BA No.280/2024
Direct dictated on : 05.02.2024
Checked on
: 05.02.2024
Signed on
: 05.02.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.02.2024 at 12.19 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
05.02.2024
Order signed by P.O. on
05.02.2024
Order uploaded on
06.02.2024