IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1001 OF 200 CRI.APPLICATION NO.1001 OF 200 CRI.APPLICATION NO.1001 OF 2009 1. Devdatta @ Devendra Jaysing Patil,’ 2. Sachin Vijay Dhokale, ..Applicants. Vs The State of Maharashtra, .. Respondent. Mr P.R.Arjunwadkar, for the applicants. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 21/04/200 DATE : 21/04/200 DATE : 21/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicants and learned APP for the respondent. 2. The applicants are seeking bail in C.R.N.I-132 of 2007 of Islampur Police Station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302,143,147, 148,149,452, 120-B of IPC read with Sections 3,25,27 of the Arms Act. 3. It is the prosecution case that the present applicants and 14 others have allegedly committed murder of Mahesh Jadhav and Umesh Jadhav in their shop on 6.9.2007 at about 2 pm. I have perused the statements of Mandar Jadhav, Mahesh Kachare, Ajmir Makandar, Vijai Kaingade and Surekha Jadhav. Almost all the accused, including the present applicants, were carrying fire arms, sharp edged weapons and sticks at the relevant time. The complainant has specifically stated that he had seen all the accused persons fleeing away from the scene of offence. Insofar as the present applicants are concerned, according to the complainant, they were armed with sticks. There is recovery of blood stained clothes and sticks at the instance of applicant no.1. Insofar as applicant no.2 is concerned, Mr Arjunwadkar, learned counsel for the applicants, submitted that there is no evidence on record to show that he actually participated in the alleged incident. From perusal of the statements of the complainant and Vijay Kainagade in particular, I am satisfied that the role played by both the applicants is sufficient at this stage to show their complicity. The material on record clearly show that they participated in committing murder of Mahesh and Umesh. In my opinion, this is not a fit case to enlarge the applicants on bail. Hence, the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)