1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.861 OF 2011 Sunil Popat Sonawane ..Applicant. v/s. The State ..Respondent. Mr. Racheeta R. Dhuru, adv. for the Applicant. Ms P.P.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 19th October, 2011 PC : 1 Heard the learned counsel for the applicant. Perused the F.I.R and other relevant documents. 2 Applicant seeks anticipatory bail in crime no.408 of 2011 registered at Mahatma Phule Chowk police station at Kalyan for the offences punishable under Sections 394 r/w section 34 of the IPC. F.I.R. was lodged by one Smt. Sheetal Tushar Gaware. According to her on 4.9.2011 after completing some private work at Dombivali, she came back to Kalyan by train. From Kalyan Railway Station, she went to Birla College Road by rickshaw. From there she was walking down towards her house. At about 9.30 p.m. when she was passing by the side of Benazir Park Building, two persons came on a motor-cycle. The motor cycle came close to her. Pillion rider snatched her gold mangalsutra. She resisted. Therefore, that 2 pillion rider gave a fist blow to the complainant. She tried to catch hold of that person and in that attempt, the motor cycle driver lost the balance and motor cycle fell down. The complainant rushed towards them. The Pillion rider tried to run away but he was caught by the people alongwith mangalsutra in his hands and he was handed over to the police. The Pillion rider disclosed his name as Tushar Shashikant Ahir and he also disclosed name of his companion, i.e., the motor cycle driver as Sunil Sonawane resident of Joshi Baug, Kalyan. F.I.R. was lodged immediately. Mangalsutra was seized from said Tushar Shashikant Ahir under the panchanama. Name of the present applicant was disclosed on the spot itself by the culprit, who was caught on the spot with the stolen property. In view of this, prima-facie, it appears that the applicant was involved in commission of the robbery. 3 The learned counsel for the applicant contends that applicant is Government servant and he was under treatment at Manav Neuro Psychiatric Hospital since January, 2009 and that he had also attended the said hospital on 19th August, 22nd August and 7th September, 2011. Said hospital is also situated at Kalyan. Applicant is also resident of Kalyan. She contends that as per the advise given by Doctors, he was admitted in a hospital at Chandwad for taking treatment and for this purpose, the certificate dated 25.8.2011 from District Hospital Chandwad is produced. That certificate only shows that doctor had advised admission and traction 3 but that does not show that he was actually admitted in the hospital and was indoor patient during that period. In my opinion, documents produced by the applicant are not sufficient to reject the prosecution case nor plea of alibi can be accepted at this stage. Taking into consideration the gravity of the offence and involvement of the present applicant, anticipatory bail can not be granted. 4 Therefore, application stands rejected. (J.H.BHATIA, J.)