1 Appln 4092-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4092 OF 2010 Walmik Shantaram Pavghe ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi, Senior Counsel with Mr.Shounak Mehta, Advocate, for the Applicant Mr.J.P.Kharge, APP, for the Respondent  State Mr.Priyaltosh Tiwari, Advocate, for the original complainant CORAM : R.C.CHAVAN, J. DATE : 21ST SEPTEMBER, 2010 P.C. . The applicant seeks enlargement on bail in connection with Crime No.I-171 of 2008 registered with Shildaighar Police Station, Thane for the offence punishable under Sections 302, 307, 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and under Sections 4 and 27 of the Arms Act as also under Sections 37(1) and 135 of the Bombay Police Act, 1951. The allegation is that the applicant was armed with axe in the 2 Appln 4092-10 assault which was launched on the victim and his friends. This incident took place on 29th October, 2008. The name of the applicant is disclosed in the statement recorded on 30th October, 2008 and role is ascribed to the applicant recorded on 2nd November, 2008. Gajanan states that the applicant had inflicted a blow of sword on the back of Gajanan. Medical Certificate of Gajanan shows injury on the scapular region. 2. The learned Counsel for the applicant states that several persons have been admitted to bail by this Court as well as trial Court by various orders. Most of those who have been admitted to bail were not holding any sharp edged weapon. Vijay Dinkar Gondhali and Nilesh Dinkar Gondhali have been admitted to bail though they were holding Swords but their participation was disclosed only on 10th November, 2008. 3 Appln 4092-10 3. In view of this, it cannot be said that there is no difference between role ascribed to the applicant and those who have been bailed out. The applicant had participated in the assault and had specifically hit one of the injured persons with Swords & hence is not entitled to bail. 4. Criminal Application is rejected. (R.C.CHAVAN, J.)