..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1869 OF 2008 Haiwan @ Hitesh Raju Gangulwar. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Sherali S. Khan, Adv. for the applicant. Mr.H.J.Dedia, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 16th July, 2008. DATED : 16th July, 2008. DATED : 16th July, 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.I-349 of 2007 of Nalasopara Police Station. The said case is under Section 302 of IPC. 3. The learned Advocate for the applicant has stated that the coaccused - Mohd. Lalu Mohd. Shajahan Shaikh has been granted bail by this Court by order dated 25th April, 2008 and the case of the applicant is similar to that of coaccused - Mohd. Lalu Mod. Shajahan Shaikh. The learned APP has pointed out that the complainant had not stated the name of the coaccused - Mohd. Lalu Mod. Shajahan Shaikh in the complaint, whereas the name of the applicant has been clearly stated ..(2).. by the complainant and specific role has been attributed to the present applicant by the complainant. In view of this fact, it cannot be said that the case of the applicant is similar to that of the coaccused - Mohd. Lalu Mod. Shajahan Shaikh, who has been granted bail. 4. The complainant has stated that the applicant along with coaccused assaulted his father. It is seen that one Shafiq assaulted his father on the head with wooden log. Due to this, the father of the complainant fell down. Thereafter one Ashraf assaulted the father of the complainant with wooden log on his chest, stomach etc.. At that time the present applicant gave kick blows to the father of the complainant. It is seen that after Shafiq and Ashraf assaulted the father of the complainant with wooden log thereafter the present applicant has assaulted the father of the complainant. This clearly shows that the applicant shared the common intention with Shafiq and Ashraf hence I do not think that this is a fit case to grant bail to the applicant. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)