[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2385 OF 2008 Gulam Barkat Khan @ Lala ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.P.R.Dave Advocate for Applicant Ms.A.T.Jhaveri APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 31, 2008 DATE : JULY 31, 2008 DATE : JULY 31, 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.229 of 2007 of Dharavi Police Station. The said case is mainly under Sections 302 and 307 of IPC. 3. It is the prosecution case that the applicant along with others assaulted the deceased. The statement of the complainant Mohd.Sikkandar shows that one person caught hold of his brother and other person assaulted him with knife. Thereafter, one of the said persons assaulted the complainant [-2-] with "Bamboo" on his head, hand and back. Complainant fell down. The second person assaulted him with knife on his stomach. 4. The learned advocate for the applicant submitted that the applicant did not assault the deceased with deadly weapon. The statement of the complainant Mohd.Sikkandar shows that one person caught hold of his brother and other person assaulted him with knife. On reading the complaint, it does appear to be so. However, complainant has stated that thereafter when he went to rescue his brother, all the persons assaulted his brother. Though the applicant has not assaulted with deadly weapons, the applicant clearly shared the common intention of the other accused which is seen from the fact that he assaulted the deceased after the deceased was assaulted by the other accused persons with knife. This clearly shows that the applicant shared the common intention with the other accused persons, hence, I do not think that this is a fit case to grant bail. 5. Application is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]