1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3633 OF 2009 Jaywant Anandrao patil ........ Applicant versus The State of Maharashtra ........Respondent. Mr. P.J. Thorat adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 01st September,2009. P. C.: 1. This is an application for regular bail under sec. 439 of Cr.P.C. filed by the applicant Jaywant Anantrao Patil. The present applicant along with 14 others is charge sheeted by Islampur police station for offence under section 302, 143, 147, 148, 149. 152 120­B IPC read with 3, 25, & 27 of the Indian Arms Act. A twin murder of two brothers had taken place in a broad day light at 2,00 p.m. in the main bazar area of Islampur city on 6­9­2007. According to the prosecution, the premises are owned by the cousin brother of the present applicant and as such the applicant and his brothers were insisting the deceased to vacate the premises. They were threatened touching the vacation of pemises. 2 However, as the deceased did not vacate, on the date of the incident, the present applicant in the company of Manik Patil and Ganesh Patil along with Dhanaji Patil, Sachin Patil, Sudhakar Mane, Sushant Patil etc. attacked the deceased and shot bullots by pistol which resulted in death of the brothers. The incident is witnessed by many people. The present applicant is named as an assailant who fired the pistol at the deceased. The report of the expert also connects the pistol seized from the present applicant with the bullets used in the commission of offence. The applicant has also been identified for his actual involvement in the crime. According to the learned APP there are criminal antecedents and as much as seven crimes are registered against the present applicant, all for serious offences vide C.R.Nos. (1) 97/91 u/sec. 325, 324 r/w 34 IPC, (2) 226/93 u/sec. 307, 324, 326,323, 452, 147 and 148 IPC, (3) 204/94 u/sec. 143, 147, 148. 325 IPC, (4) 56/98 u/sec. 143, 427 r/w. 135 IPC (5) 33/06 u/sec. 324, 323, 504, r/w. 34 IPC, (6) 89/06 u/sec. 324. 323. 504 r/w. 34 IPC and (7) 136/07 u/sec. 143, 147, 148, 386 IPC. Hence a submission is made that in the event of release of the applicant he may tamper the evidence and pressure the witnesses. Having regard to the role attributed to the present applicant in the commission of the crime and in the light of the criminal antecedents of the present applicant, I am of the view that this is not a fit case for grant of bail. Application is rejected. (A. P. Deshpande, J.)