1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5288 OF 2009 Mr. Gopal Bajirao Ankushrao. ` ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.M.K. Kocharekar for the Applicant. Smt.V.R.Bhosale, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 27th April, 2010 PC : 1 This is an application for grant of regular bail. The applicant is shown as an accused in CR No.198/2008 registered by Pandharpur Taluka Police Station for the alleged offences punishable under Section 302, 141, 144, 148, 149, 109, 120B and 201 of the IPC and Section 3 and 25 of the Arms Act. The deceased is one Hiralal . It is seen that the incident in question occured on 3.12.2008. It is seen that initially police have recorded the statements of eight witnesses. The present 2 applicant was arrested on 11.12.2008. However, on 12.12.2008, police have recorded further statements of three witnesses who have named the applicant who stated that the present applicant was armed with Jambhiya. It is seen that on 13.12.2008, the police have recovered three Jambhiyas in pursuance of statement given by the present applicant. The panchanama records that they were blood stained. It is also seen that in the incident a fire arm was used and there are fire arm injuries on the body of the deceased. It appears that murder is brutal and therefore, witnesses are not coming forward to report the matter to the police and their conduct is natural. It is also seen that one of the witness who named the present applicant wrote a letter to the Police Station on 4.12.2008 informing the police that he was an eye witness to the crime. At this stage, it is very difficult to hold that the eye witnesses are got up witnesses. The offence is serious in nature. In the circumstances, not a fit case for grant of bail. Hence, application is 3 rejected. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)