IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.347 OF 2009 Ameet Rambhau Barude ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri R.R. Salvi for Applicant Shri S.R. Shinde, APP for State. ---- CORAM: V.M. KANADE J. DATED 4TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested for an offence punishable under sections 302, 143, 147, 148, 149 of the Indian Penal Code r/w. Section 135 of the Bombay Police Act. 3. The prosecution case is that over a dispute regarding organizing a function at Nashik, the Applicant along with others had assaulted Balasaheb Tupe with swords, wooden sticks and spade, as a result, the deceased had succumbed to the injuries and died. It is submitted that though in the FIR, it is mentioned that the Applicant was carrying a sword, in the supplementary statement, it is mentioned that the Applicant was carrying a stick. A stick has been recovered at the instance of the present Applicant. The sword, which was recovered, was used by the other accused. 4. The learned Counsel appearing on behalf of the Applicant has invited my attention to the post-mortem notes, in which the cause of death has been given as injury to the head and ruptured of the liver. He submitted that all these injuries would not have been caused by the stick, therefore, the Applicant is entitled to be released on bail. 5. This submission cannot be accepted. All other accused have also allegedly committed an offence punishable under section 149. Therefore, they are liable for the said offence. There was common intention of the Applicant and the other accused who had assaulted the deceased with sword. Therefore, at this stage, no case is made out for grant of bail. If, however, the trial is not over within a reasonable period of time, the Applicant shall apply again for bail. 6. Application is rejected. V.M. KANADE J.