: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL BAIL APPLICATION NO.1156 OF 2008 BAIL APPLICATION NO.1156 OF 2008 BAIL APPLICATION NO.1156 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1214 OF 2007 APPEAL NO.1214 OF 2007 APPEAL NO.1214 OF 2007 Deepak @ Babu Ohankar Gaonkar ...Applicant V/s. The State of Maharashtra ...Respondent Mr.Niranjan Mundargi for the Applicant. Mrs.A.S. Pai, APP, for the State. CORAM CORAM CORAM : S.B. MHASE & A.A. SAYED, JJ. : S.B. MHASE & A.A. SAYED, JJ. : S.B. MHASE & A.A. SAYED, JJ. DATE DATE DATE : 21ST OCTOBER, 2008. : 21ST OCTOBER, 2008. : 21ST OCTOBER, 2008. P.C.: P.C.: P.C.: . Heard the learned Counsel for the applicant. 2. The learned Counsel submitted that though there are five eye witnesses, only one eye witness has supported and he has tried to take us through the testimony of the said witness namely Mahnanda Maruti More. She has stated that "at about 3:30 p.m. Firoz came to her and disclosed that somebody was beating to Sunil so I went to the Chawl of Laxmi Kurchi Kurve by running to see what was going on." She further narrated that "the accused No.2 was pelting stone on person of the deceased and accused No.1 was holding the deceased by rope which was in his neck and he was : 2 : pulling my son by holding the rope. There was a knife with accused No.1 who was stabbing the deceased. By seeing the incident I shouted and lifted one stone so as to assault the accused No.1 on that account." 3. From this incident, it is clear that though the knife was with the accused No.1, however, the accused No.2 was pelting stone on the deceased. The cause of death as revealed from the post mortem is multiple injuries and thereby the injuries which have been caused by pelting of the stone have also contributed the death. The presence of the accused has been established that this is not a case for granting bail. Bail Application is rejected. [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]