The Bombay High Court Friday rejected anticipatory bail plea of a Surat resident accused of fleeing with diamonds worth Rs 3.87 crore from the city.
Justice Sarang Kotwal refused pre-arrest bail to Kausang Dolchiwala, observing that his custodial interrogation was necessary for the purpose of recovering the precious stones and to find the modus operandi employed by him.
An FIR was registered against Dolchiwala and Shashikant Shah by the Bandra Kurla Complex on August 4, on the basis of complaint lodged by diamond trader Piyush Jogani.
Jogani said Shah had sent him a WhatsApp message in June that he wanted diamonds for a client. Jogani then went to Shah’s office at BMC and gave him diamonds worth Rs62.85 lakh. At that time, Jogani added, Dolchiwala was also present at Shah’s office. The men took the diamonds and signed receipts against the same.
Jogani said some other diamond traders had also handed over diamonds to the duo on that day. Many of them later went to Shah’s office and asked him to return the diamonds. He, however, expressed inability to do so, claiming that Dolchiwala had taken them all. Jogani added that attempts were made to contact Dolchiwala at his Surat residence, but he could not be traced.
Meanwhile, Dolchiwala had moved the high court for a pre-arrest bail, contending that he was wrongly implicated in the case as an accused and he had nothing to do with the misappropriation of the diamonds. He added that he was merely sitting with Shah who accepted all the diamonds.
Assistant public prosecutor SR Agarkar, however, pointed out that the investigation has revealed that Dolchiwala took all the diamonds. He pointed out that the CCTV footage collected by police showed that both Shah and Dolchiwala accepted the precious stones and both signed the receipts, and later Shah handed over the diamonds to the Surat resident who kept those in his pockets and left Shah’s office.
Agarkar also pointed out that Dolchiwala had taken away diamonds worth Rs3.87 crore. “The investigation carried out so far has revealed that the diamonds given by the informant were taken away by the present applicant. His complicity in the offence is shown during the investigation,” said the judge, rejecting Dolchiwala’s plea.