IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3591 OF 2008 Govinda Ashok Shahane ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Sudhir Halli for Applicant Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 28TH JANUARY, 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 in connection with an offence punishable under section 302 r/w. 34 of the Indian Penal Code. There is only one eye witness to the said incident who has seen the Applicant along with two other accused and in his evidence, he has stated that the other accused gave blows with the sickle on the head of the deceased. He has further stated that the Applicant took sickle from one of the accused and gave a blow to the deceased. When Accused No.1 Bunty Pawar tried to assault him, he ran away. 3. Two sickles were recovered at the instance of the Accused No.1. There was prior enmity between the Applicant and the other two accused and the deceased. This has been corroborated by the said eye witness. Hence, no case is made out for grant of bail since the Applicant had shared the common intention along with the other two accused. 4. Application for bail is rejected. V.M. KANADE J.