[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3016 OF 2008 Rajendra Vasant Bhoir ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Sandeep R.Karnik Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 04, 2008 DATE : SEPTEMBER 04, 2008 DATE : SEPTEMBER 04, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-89 of 2007 of Dombivali Police Station, Dist.Thane. The said case is mainly under Section 302 of IPC. 3. The complainant has stated that the present applicant along with others obstructed their vehicle. Thereafter, the complainant and deceased Mukund Choudhary came to be assaulted. The driver was pushed away and one of the co-accused sat on the steering of the car in which the complainant [-2-] was sitting. Some of the accused persons followed them on motorcycle. They were taken to the house of one Dinesh Patil. There deceased Mukund Choudhary was made to get down from vehicle and accused persons took out swords, choppers, hockey sticks and wooden sticks from their own car and they started assaulting Mukund. Thereafter, the complainant and Mukund were put in a Gala and shutter was closed. After sometime, the complainant heard sound outside the shutter, hence, he banged on the shutter and thereafter police opened the shutter and took the complainant and Mukund Choudhary out of Gala. Mukund was taken to the hospital where he was declared dead. The post mortem notes show that Mukund sustained 17 injuries in the incident. 4. The learned advocate for the applicant submitted that the role attributed to the applicant is that he assaulted only the complainant with fist and kick blows. He submitted that no weapon has been attributed by any one to the applicant. In support of his contention, he has placed reliance on the statements of Pravin Naik who is the complainant and Shyam and Vinayak, however, as far [-3-] as this aspect is concerned, it is noticed that this role of assault by fist blows has been attributed to the applicant at the time when the complainant and Mukund came to be abducted. However, in the FIR complainant has clearly stated that all the accused persons assaulted deceased Mukund when they were taken to house of Dinesh Patil. Complainant has also stated that they came to be confined in the Gala and the shutter of the Gala was closed by the applicant and one Sunil Khot. Even assuming that no weapon has been attributed to the present applicant, it is seen that he assaulted Mukund along with other accused who were assaulting Mukund with deadly weapons. 17 injuries were sustained by Mukund in the incident. The material on record shows that the applicant shared the common intention with the other accused. 5. Looking to the above facts, I do not think that this is a fit case to grant bail. Application is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]