1 7.appa.62-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.62 OF 2011 IN CRIMINAL APPEAL NO.1060 OF 2009 Sunil Vasant Salve. ..Applicant. Vs. The State of Maharashtra. ..Respondent. .......... Ms.Anjali Patil, Advocate for the Applicant. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 7th FEBRUARY, 2011. P.C. 1. Heard Counsel for the Applicant and learned APP for the State. 2. This is third bail application by accused No.1. Earlier two applications however were withdrawn without arguments. 3. We were taken through the evidence of PW-1 and PW-2 who are eye witnesses as well as PW-7 Dr.Surekha Yenge who has spoken about and proved the injuries caused to the deceased who succumbed to those injuries. 4. In our opinion, the evidence of Pws-1 & 2 clearly indicate complicity of the applicant. The fact that the Applicant was holding cricket bat and the stab injury which was the cause of heart rupture PPD 2 7.appa.62-11 could not be attributed to the applicant does not take this argument any further for the simple reason that the prosecution case is that the Applicant and other accused with common intention assaulted the deceased on the given date. Section 34 of IPC has been applied by the prosecution and the trial Court on the basis of evidence produced has accepted the said case. 5. In the circumstances, no case for bail is made out. Counsel for the Applicant submits that the Applicant be permitted to withdraw this Application with liberty to file fresh Application at a later date. We have no difficulty in accepting the request for withdrawal. However, for filing the fresh Application, the Applicant will have to make out ground of changed circumstances to entertain successive bail application. 6. Accordingly, application is allowed to be withdrawn on the above terms. 7. Since application for bail is rejected, office to process the Appeal under caption “Convict in Jail” as per its turn. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)