IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2119 OF 2009 Avinash @ Pappu Chandrakant Chaudhary ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.Kuldip S. Patil, Adv. for the applicant. Mr.Rajesh More, APP for the State. CORAM: A.P.DESHPANDE, J. 22nd July, 2009. PC: The present applicant appears to be habitual offender in as much as three offences are registered against him besides the present offence. The applicant has been convicted in CR No.128/05 for commission of offence under section 302 read with section 34 if IPC and is sentenced to life imprisonment. The appeal is pending before the High Court and the applicant has committed present offence while being on bail. There are seven eye witnesses who have identified the present applicant as one of the accused in the commission of the crime. According to the prosecution during the procession of Goddess Durga a quarrel took place wherein the present applicant is said to have held the victim whereas the other accused stabbed him with a dagger in the back. Having regard to the previous criminal antecedents of the present applicant coupled with the statements of the eye witnesses I am of the view that the applicant is not entitled to be released on bail. Learned additional public prosecutor submits that if released on bail the applicant can very well threaten the witnesses and/or abscond frustrating the trial. The apprehension expressed by the learned APP is well founded. Hence the applicant not being entitled to bail present application is rejected.