IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.438 OF 2009 IN CRIMINAL APPEAL NO.455 OF 2008 Prakash Jayendra Shete ..Applicant V/s. State of Maharashtra & Anr. .. Respondents Ms.Rashmi Gangawane i/b.Mr.Ganesh Gole for the Applicant. Mr.Amit Shetye i/b.Amit Borkar for Respondent No.2. Mr.A.S.Shitole, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : MAY 4TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application for bail as earlier bail application was rejected by this court on merits on 8th July, 2008. 3. It appears to be a fight between two groups over the dispute of paying the water charges for irrigation of the agricultural fields. Reportedly, there were cross complaints and in the matte of offence under section 307 read 1 with section 34 of Indian Penal Code, present applicant accused No.1 alongwith three more accused, was convicted and sentenced to suffer R/I for five years and fine of Rs.3,000/-. Reportedly, present appellant accused No.1 is the main assailant who assaulted the victim causing severe injury attracting the offence under section 307 of Indian Penal Code. Mainly, considering said factual position earlier bail applications preferred by present applicant accused No.1 was rejected by the Court, though bail applications of accused Nos. 2 to 4 were separately allowed. This was probably on the premise that they were associates and not the actual assailants as can be spelt out from the order of rejection of earlier bail. 4. In view of the above, in the opinion of this Court, there is nothing to view the present application differently, mainly when earlier bail application was rejected on merits. Hence, the present application stands rejected and accordingly disposed of. (A.R. JOSHI, J.) 2