1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1326 OF 2009 IN CRIMINAL APPEAL NO.1115 OF 2009 Akshay Ramesh Shetty ...Applicant (Orig. Accused No.3) Vs. The State of Maharashtra ...Respondent Mr.Prakash Naik, Advocate for the Applicant Mrs. R.V.Newton, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 14TH DECEMBER, 2009 P.C. 1.The accused No.3 has made an application for bail. The charges against the accused have been inter alia under Sections 392, 394, 397 read with Section 34 of the I.P.C. The charges under Sections 394 and 397 are to be considered. The applicant including the other accused had one weapon each. There is a dispute upon whether the weapon which the applicant carried was like a sword or whether it was the hockey stick. The evidence of P.W.1 shows that it was like a sword. He had refuted 2 the suggestion that it was a hockey stick. The F.I.R shows that he had a hockey stick carrying one weapon has however, shown. The accused have acted with common intention. There is a single transaction, that took place on 7 th September 2008 between 3.20 and 3.00 p.m. 4 people are stated to have come shouting together. They have stated to have beaten complainant, slapped him on the ear, used the weapon and snatched the complainant s gold chain. All the accused including the applicant are stated to have assaulted the complainant from behind. The mother of the complainant, his neighbour and his brother intervened who were also assaulted. The medical evidence shows abressions on the back of the complainant, which was inter alia the act of the applicant. No case for bail is made out on merits. The applicant was on bail in the trial Court. He has been taken in custody on 11 th November 2009. 2.The application for bail is refused. (SMT. ROSHAN DALVI, J.)