1 BA 1285 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLIC NO.1285 OF 2011 1. Murlimanohar Nandalalji Jaria 2. Shubhamkar Murlimanohar Jaria .. Applicants. -versus The State of Maharashtra .. Respondent. Mr. Sanjiv Kadam i/b Mr. Ranvir Shekhawat and Jagdish Choudhary, for the applicants. Mr. Rahul R. Singh, for original complainant. Mrs. S. D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st October, 2011 P.C. 1. This is an application for bail by diamond merchants from Calcutta, who are supposed to have received diamonds worth Rs.22,86,101/- from the first informant, are not paid for them. Learned counsel for the applicant submits that the diamonds worth Rs.5,92,884/- were acknowledged by the applicants and diamonds worth Rs.4,04,400/- stated to have been delivered to the applicant No.2 through witness Mr. Jogani. Learned counsel for the applicant submits that the 2 BA 1285 OF 2011 applicants are in jail since April, 2011. In order to show their bonafides without prejudice to their defences the applicants would deposit a sum of Rs.9,93,284/- in the learned trial Court. He has submitted that some other articles allegedly sent through courier, in respect of which there is nothing on record that the said diamonds were actually delivered to them or not. Considering the nature of allegations made and the fact that the offence is triable by Magistrate and the investigation is complete and chargesheet has been filed. The applicants are in jail since April, 2011 and the fact that the applicants offered to deposit sum of Rs.9,93,284/-, the applicants’ being in custody pending trial may not be necessary. Therefore, the applicants arrested in connection with C.R. No.87 of 2011, registered with D. B. Marg Police Station, Mumbai be released on bail on their furnishing P.R. bonds in the sum of Rs. 1,00,000/- by each of them with one or more solvent sureties in the sum of Rs.1,00,000/- by each of them, on the condition that the applicants shall deposit a sum of Rs.9,93,284/- within a period of two weeks of their release from custody with the learned Magistrate, which the learned Magistrate shall invest in interest earning deposit in the State Bank of India and shall deal with the same at the end of the trial as per result of the trial. The applicants’ shall report everyday at the concerned police station at Mumbai during their stay at Mumbai and shall also attend everyday at the nearest police station to 3 BA 1285 OF 2011 place of their residence in Calcutta till the amount is deposited in the trial Court. 2. Application stands disposed of. (R. C. CHAVAN, J.)