[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2189 OF 2008 Mahesh Acchelal Chauhan ..Applicant Vs. The State of Maharashtra ..Respondent ... Through Jail Mr.Rajan Salvi Advocate ( appointed ) for Applicant Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.151 of 2007 of Uran Police Station. The said case is mainly under Sections 395, 452 of IPC. 3. The incident has taken place on 18.11.2007 at about 10.45 a.m. to 11.00 a.m. The incident has taken place in Gokuldham building. In the incident, the applicant along with other accused committed dacoity at the residence of a jeweller [-2-] and gold ornaments worth Rs.65 lakhs came to be robbed. 4. Witness Nathusingh has stated that the applicant along with another person were seen by him on 18.11.2007 at about 11.00 a.m. loitering near Gokuldham building. Within short time, he saw the applicant hurriedly going away from the spot along with three other persons. The evidence of this witness establishes the presence of the applicant near the scene of offence. Moreover, ornaments worth RS.8.52 lakhs have been recovered at the instance of the applicant. The complainant has identified the ornaments as belonging to him. The material on record clearly shows complicity of the applicant in the crime. Hence, I am not inclined to grant bail. Application for bail is rejected. 5. Office to communicate this order to the applicant who is in jail. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]