IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3692 OF 2007 WITH CRIMINAL APPEAL NO. OF 2008 Rajendra Maganbhai Jhaveri. ..Applicant. Vs. Surendra Jivanbhai Jhaveri and anr. ..Respondents. Mr.A.P. Mundergi alongwith Ms.Manju Sharma for the Applicant. Mr. Prashant D.Saardekar for the Respondent No.1. Mrs.R.M.Gadhavi,APP. for the State. CORAM: R.S. MOHITE, J. DATE : 9/9/2008 PC : 1. This is an application for leave to file appeal. After hearing both the sides, I find that the arguable points are involved. There is admission given by D.W.No.5 that the diamonds and precious stones were never in his custody personally. He further admitted that it was agreed by all the well wishers to mortgage those diamonds and precious stones to a local jeweller of Hongkong against 200 thousand US dollars and that fund was given to accused. This matter requires serious consideration. Hence, leave granted. Criminal Appeal No. of 2008 1. Heard both sides. Leave has been granted by a separate order passed today. Hence, appeal admitted. The Advocate for the respondent No.1 waives service in the appeal. (R.S. MOHITE, J.)