IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3128 OF 2009 Sambhaji @ Zzmshyraje Bhalchandra More Tanaji @ Munna Bhalchandra More Sunil Hambirrao More.. ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ...Respondent. Mr.A.P.Mundargi, Sr. Adv. i/by Priyal G. Sarda, Adv. for the applicants. Mr.H.J.Dedhia, APP for the Respondent. Mr.Sandeep Salunkhe, Adv. For original complainant. CORAM: A.P.DESHPANDE, J. 6th August, 2009. PC: This application is moved under section 439 of Criminal Procedure Code seeking release of the applicants on bail for the offence punishable under sections 302, 143, 147, 148, 149, 323, 504, 506 of IPC read with section 135 of the Bombay Police Act. According to the prosecution one Siddheshwar was brutally murdered by the present applicants along with other co accused. Deadly weapons are used in the commission of offence. Applicant No.1 is stated to have a sword in his hand whereas applicant Nos. 2 and 3 were have sickle. The deceased was attacked by nine persons and the incident was witnessed by the real brother of the deceased by name Sambhaji who is the complainant. The incident is also witnessed by the wife of the deceased and three other persons. There are about 5/6 witnesses who were knowing the assailants by name and their names are stated in the complaint. Weapons possessed by each of them are also referred to. Against the original accused No.1 there are many criminal cases filed and pending. In the submission of the 1 learned counsel for the applicants none of the injuries are attributable to the weapons allegedly used by the present applicants. It would be too premature to opine in that regard at this stage. There are many lacerated wounds besides many fractures. The prosecution has expressed its apprehension that in the event applicants are released on bail they would be in position to pressurize the witnesses and tamper with the evidence. Having regard to the nature of the offence, the weapons used and the merciless attack on the deceased, I do not find that this is a fit case for release of the applicants on bail. In the result application stands rejected. 6.8.2009. 2