1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5548 OF 2010 Mohite Yuvraj Vijay ...Applicant. v. The State ...Respondents. Mr. Uday P. Warunjikar ,adv. For the Applicant. Mr.S.A.Shaikh, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 18, 2011. P.C. 1 Applicant Yuvraj V. Mohite is accused no.10 in the crime no.177 of 2010 for the offences punishable under sections 395, 397, 452, 120B of the I.P.C. registered by Vishrambag Police Station, Pune. 2 According to the prosecution on 28.6.2010 at about 3.10 p.m., two persons in the age group of 20-22 entered into jewellery shop known as Mahendra Jewellers, pretending to have come to place an order for making a ring. When they were told that shop was closed and order could not be taken, 4 or 5 other persons, also of the same age group, entered in the shop and under the threat of revolvers they forcibly took away gold and silver ornaments worth more than Rs.30 lac. Report of the incident was lodged by Ramesh Solanki, who is one of the owners 2 of Mahendra Jewellers. According to the prosecution, accused no.1 was caught on the spot. Accused no.2 was caught at a short distance with country pistol and some of the stolen ornaments. Accused nos.3 and 6 were also arrested with country pistols and cartridges. Other accused were also arrested and immediately property was recovered. According to the prosecution, present applicant Yuvraj Mohite was one of the conspirators and he had made the complete plan of dacoity. 3 Admittedly, no stolen property was recovered from him nor he was identified as one of the persons, who had committed dacoity. Prosecution case appears to be based only on the statements of accused no.12 Tushar @ Prakash Pramod Patil. Besides, incriminating statement of the co-accused implicating the present applicant, there is no material against the present applicant. The learned APP on instructions states that recently police have collected data about calls from mobile of the present applicant to show that on the relevant date, he was connected with some of the accused. Firstly, this data was not produced alongwith the charge- sheet. Secondly, besides information that he had talked with some accused twice or thrice on that date, there is no evidence to establish conspiracy. 4 In view of the above, applicant be released on his executing 3 PR of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not tamper the prosecution evidence and shall also report at the office of Crime Branch, Pune on first Monday of every month till end of the trial. (J.H. BHATIA,J.)