1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.986 OF 2009 Jagdish @ Bablu Shrawan Bhoir .. Applicant. Vs. State of Maharashtra .. Respondent. Ms.Sarojini Upadhayay for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.1493 of 2007 of Ambernath police station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 326, 307, 302, r/w 34 of IPC. 3. It is the prosecution case that the present applicant with few others allegedly assaulted the deceased - Subhash during the intervening night between 6.12.2007 and 7.12.2007. I have perused the entire material placed before the court and more particularly the statements of the complainant - Prabhu Ishardin Nishad, Somnath Laxman Choudhari and 2 2 2 Kailash Shejval. Somnath Choudhari is an eye witness to the incident. From the statements of this witness, it is clear that the present applicant and two others assaulted the deceased with bricks. A specific role is attributed to the applicant and he was seen assaulting the deceased with brick. In my opinion, this is not a fit case to enlarge the applicant on bail. The application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)