On Friday, the High Court of Bombay rejected the anticipatory bail plea of a Surat resident accused of fleeing with diamonds worth Rs3.87 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 & to find the modus operandi employed by him.
An FIR was registered against Dolchiwala & Shashikant Shah by the Bandra Kurla Complex on Aug 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 & gave him diamonds worth Rs 62.85 lakh. At that time, Jogani added, Dolchiwala was also present at Shah’s office. The men took the diamonds & 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 & 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.
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Meanwhile, Dolchiwala had moved the HC for a pre-arrest bail, contending that he was wrongly implicated in the case as an accused & 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.
However, Assistant public prosecutor SR Agarkar, 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 & Dolchiwala accepted the precious stones & both signed the receipts, & later Shah handed over the diamonds to the Surat resident who kept those in his pockets & left Shah’s office.
Agarkar also pointed out that Dolchiwala had taken away diamonds worth Rs3.87 crore.
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Rejecting Dolchiwala’s plea, the Judge said that “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".
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