1 APPLN 4599 OF 2009.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4599 OF 2009. Sunil Wagh and ors .. Applicant -versus The State of Maharashtra .. Respondent. Mrs. Revati Mohite Dere, for the Applicant. Mrs S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 18th October, 2010 P.C. 1. The applicants who are allegedly participated in murderous assault on one Hiralal Jadhav, on 3rd December, 2008. Hiralal died as a result on numerous injuries on his body. One Nagnath Lala Pawar has stated on 3.12.2008 at 8.45 p.m, he saw five persons coming on two motorcycles as also the victim proceeding on another motorcycle. One of the five persons stopped the motorcycle driven by victim. Those persons were known to him and they were Anil, Sunil Wagh, Gopal and Rahul Admange. Anil hit the victim on his head by a sickle. Sickle has been recovered at the instance of co-accused Gopal Ankushrao . He is still in jail. Sickles were found to have stains of blood according to C.A. Report. At the instance of Anil Mule Pistol has been seized. The learned counsel for applicant states that seizure 2 APPLN 4599 OF 2009.sxw of sickle may not be attributed to the applicants as the same has been seized at the instance of Gopal. As far as pistol is concerned, it was admittedly not used by the applicant Sunil Wagh or Anil Mule and thus there is no evidence against the present applicants. According to learned counsel for the applicants, the applicants were arrested only on suspicion. All the same, this will have to be looked into by the learned trial Judge only while appreciating the evidence that may be tendered at trial. Since there is an eye witness who saw applicants participating in assault on the victim, the applicants are not entitled for bail. The application is rejected. (R. C. CHAVAN, J.)