..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2456 OF 2008 Mr.Nitish Shivkaran Dube. ..Applicant. Versus Versus Versus The State of Maharashtra and Ors. ..Respondents. .... Mr.Rajendra Sorankar, Adv. for the applicant. Mr.Dhairyasheel Nalawade, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 12th August, 2008. DATED : 12th August, 2008. DATED : 12th 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.50 of 2008 of Silvassa Police Station. The said case is under Section 307 of IPC. 3. From the material on record, it is seen that the applicants along with other accused had dinner in the hotel of the complainant Jaswantbhai. After having dinner the applicant along with other accused went outside to Panshop. At the panshop an altercation took place between the accused persons and one Sureshbhai. ..(2).. Sureshbhai went to the hotel of complainant Jaswantbhai and made enquiry regarding the identity of the accused persons. At that time, the accused persons also followed him to the hotel of the complainant. At the hotel, there was scuffle between the accused persons and Sureshbhai. At that time applicant assaulted Sureshbhai with belt. However, the complainant intervened and thereafter the accused persons went away. Again the applicant with other accused persons came to the hotel of the complainant and co-accused fired one shot at the hotel. Thereafter the accused persons again went away. After about 10 minutes the present applicant along with other coaccused came to the restaurant of the complainant and coaccused Ramendra fired twice. Two persons were injured in the said incident i.e. Ajay and one Gudu. Ajay received injuries on the forehead and Gudu received injuries on the backside. 4. The learned APP submitted that the applicant shared the common intention with original accused No.1 Ramendra Singh and hence he should not be released on bail. As far as this ..(3).. aspect is concerned, it is seen that the only role attributed to the applicant is that prior to the incident of quarrelling on the earlier occasion the applicant assaulted Sureshbhai with belt. Thereafter though he accompanied original accused No.1 the present applicant was not carrying any weapon. Moreover, the original accused No.1 was not carrying firearm in an open condition and original applicant No.1 had suddenly fired from the firearm. In this view of the matter, I am of the opinion that prima facie there is no material to show that the present applicant shared the common intention with coaccused Ramendra Singh. Hence I am inclined to release the applicant on bail. 5. The applicant - Mr.Nitish Shivkaran Dube to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount. The applicant shall report to Silvassa Police Station once in a week, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. ..(4).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)