1 BA-1423-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1423 OF 2011 Aniruddha Suhas Gokhale ... Applicant (Orig. accused No.11) vs. The State of Maharashtra ... Respondent Mr.Sachin R.Pawar,Advocate, for the applicant. Mr. Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 13th December, 2011. P.C. 1. The applicant, who is accused No.11,seeks to be released on bail in crime No.177 of 2010 registered with Vishrambaug Police Station, Pune, for the offences punishable under Sections 452, 395, 397, 120B of IPC and offences under Arms Act, Explosive Substance Act and Bombay Police Act. 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 the 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 2 BA-1423-11.sxw than Rs.30 lakh. Report of the incident was lodged by Ramesh Solanki, who is one of the owners 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. 3. Admittedly, the present applicant was arrested on 29.6.2010. Nothing was recovered from him. According tothe prosecution, the present applicant and another co-accused made a statement that they along with two other persons had helped the culprits in escaping from the spot on their vehicles. However, except the statements of the applicant before the police and similar statement of another co-accused before the police, there is no material. There is no eye-witness to show that the present applicant had helped the culprits in escaping from the spot. 4. Therefore, the applicant be released on his executing P.R. 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 the Crime Branch, Pune, on first Monday of every month till end of the trial. (J.H.BHATIA,J.)