vks 1 APPLN 1925 OF 2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1925 OF 2010 Raosaheb A Shinde ... Applicant Vs. The State of Maharashtra ... Respondent Mr V.V. Purwant, for the applicant. Mrs. Geeta Mulekar, for the respondent State. CORAM : R.C.CHAVAN, J. DATE : 2nd SEPTEMBER, 2010. P.C. 1. The applicant who has been seen by the complainant participating in the assault on the victim, seeks his enlargement on the bail, first on the ground that two witnesses did not state about his participation. The learned APP points out that those witnesses were hiding inside the hut out of fear and therefore, it is not un-natural that they did not see the applicant’s participation in the assault. The learned counsel for the applicant states that the story of the prosecution is that on the day of incident 5 to 6 persons assaulted the victim with sticks and in fact the victim was hit by sickle by one Santosh Bhosale. He points out that in the postmortem report a contusion below right infamammay area and incised wound on left leg near the poplited fassa are shown as injuries noticed. He submits that if the victim was indeed assaulted by several persons with sticks, many vks 2 APPLN 1925 OF 2010.sxw more injuries should have been produced. All the same since the applicant has been identified by the complainant assaulting the victim with stick and the postmortem report is not inconsistent with the assault. The application for bail is rejected. 2. The learned trial Judge to take up the case for early hearing, considering the applicant is in jail since January, 2008. [ R.C.CHAVAN, J. ]