MP 1 ABA828_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 828 OF 2011 Hitendra Babubhai Patwa ... Applicant Versus The State of Maharashtra ... Respondent Mr. Shavez Mukri, Advocate, Advocate for the Applicant. Mr. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 5TH OCTOBER 2011 P. C. : The applicant seeks anticipatory bail in C.R.No. 216 of 2011 registered with Gamdevi Police Station for the offence punishable under Section 379 of the Indian Penal Code. 2. Prosecution case in brief is that the first informant Tejraj Tarachand Doshi who is the Trustee of Shankeshwar Parshwanath Mandir performed pooja in the temple, and for that purpose, he was having a gold plate weighing about 425 gms. He handed over that plate to one priest namely Shivshankar Ugalkishor Jha for cleaning it. The said priest cleaned the plate, put it on the platform of the temple and went inside to bring a piece of cloth to wipe the plate. Meanwhile, the present applicant who was a regular visitor of that temple removed the gold plate and placed brass plate on that place and immediately left the spot with the gold plate. Within a few minutes, the complainant got the address of the accused and went there. However, the applicant had left the house also. The gold plate weighs 425 gms. and is worth of about Rupees Ten Lakh. Certain identification marks are also there on the said plate and it is a property of the temple Trust. 3. According to the applicant, he is falsely involved and he has no concern with the commission of crime. Learned APP, on instructions, makes a statement MP 2 ABA828_11 that the footage on the Closed Circuit Television Camera also shows the applicant removing the gold plate and placing another at that place. 4. Taking into consideration the nature of the offence and the circumstances, custodial interrogation of the applicant may be necessary. Therefore, the application stands rejected. (J. H. BHATIA, J)