..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2509 OF 2008 Dilip Mahadu Ghate. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.A.P.Mundargi, Counsel for Mr.Niranjan Mundargi, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 25th August, 2008. DATED : 25th August, 2008. DATED : 25th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.I-52 of 2007 of Neral police station, Raigad. The said case is mainly under Sections 302, 307 of IPC. 3. It is the prosecution case that applicant along with others came in a tempo. The applicant with co-accused got down from the tempo. At that ..(2).. time, the applicant was armed with iron rod. Co-accused Dipak Ghate abused Krishna. Thereafter, Dipak Ghate and one other co-accused took out swords from the tempo. Dipak and said co-accused both assaulted on the head of Krishna with swords. At that time, the applicant assaulted Krishna on both legs. The post-mortem notes show injuries on both legs. 4. The learned Counsel for the applicant submitted that the role attributed to the applicant is that he assaulted on the legs. It is submitted that the role attributed to the applicant is that he assaulted on non-vital parts of the body, which shows that the applicant did not share common intention with the other accused persons who assaulted on the head with sword. He submitted that the cause of death was head injury and the said head injury was caused by co-accused and not the applicant. 5. Though, the applicant has not assaulted on the head of Krishna, the facts in this case show that the applicant shared the common intention of ..(3).. the other accused persons who assaulted Krishna. Krishna sustained 10 injuries in the incident. Looking to all these facts, I do not think that this is a fit case to grant bail. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)