1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.141 OF 2011 Rakesh R. Sharma ...Applicant. v. The State ...Respondents. Ms Pooja Bhojane , adv. For the Applicant. Smt. A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 8, 2011. P.C. 1 Heard. 2 The applicant seeks to be released on bail in crime no.283 of 2010 registered at Rabale Police Station under Section 302 r/w Section 34 of I.P.C. 3 According to prosecution case, on 25.5.2010 at about 2 or 2.30 a.m. present applicant alongwith two others namely, Amol and Hanif went to the house of the deceased Kamala and they woke her up and asked as to where is Soni. At that time, the present applicant lifted a big stone and assaulted on the head of said Kamala due to which she suffered bleeding injury and died. About the incident, besides son of the deceased, who was aged about 4 and half years, there are two more 2 witnesses from the neighbourhood. Stone, which was used as a weapon of offence was also recovered on the basis of information given by the present applicant. Taking into consideration the nature of the offence, it is not desirable to grant bail. The learned counsel for the applicant contends that another accused had been granted bail but on perusal of the police papers, it appears that other two accused persons were accompanying the actual assailant but the actual assailant is the present applicant alone. Therefore, application stands rejected. (J.H. BHATIA,J.)