*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3383/2009 Kamtaprasad Rupnarayan Dubey and others. ..Applicants -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Ganesh Sovani, Advocate for the Applicants. Mr.Y.M.Nakhwa, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 16th September, 2009. PC:- 1 One Gurunath Bhoir has been murdered in an incident that took place on 21.10.2008 at about 10:00 pm. One of the witnesses by name Shripad has suffered grievous injuries in the same incident. The present Applicants have been arrested in Crime No.I-359/2008 in a complaint lodged by one Moreshwar Bhoir at Manpada Police Station, Dombiwali on the same day. 2 According to the learned counsel for the Applicants, the members of the Complainant’s side had entered in the residential premises of the Applicants and thus, the Applicants have acted in exercise of their right of private defence. 3 Perused the statements of two eyewitnesses by name Shripad Bhoir and Dnyandeo Bhoir. In the statement of Shripad, *2* details of the nature of assaults at the hands of the present Applicants are set out. From perusal of the statement, it does appear that the deceased and injured were mercilessly beaten by deadly weapons like iron rods, sticks, etc.. Shripad had suffered grievous injuries in the said assaults inasmuch as he had been attacked by the chopper by one of the Applicants at three places i.e. on stomach, right thigh and on the left side of hip. He was also hit on the head and left hand. Consequent upon profuse bleeding, the said witness had fallen unconscious. 4 An active role has been attributed and overt-acts are clearly stated by Shripad Bhoir. Even in the statement of Namdeo Bhoir, the involvement of the present Applicants in the commission of the offence has been stated. 5 Having regard to the statements of eyewitnesses named herein above and the manner in which the offence has been committed, in my view this is not a fit case for release of the Applicants on bail. 6 In the result, the Application is dismissed. (A.P. Deshpande, J)