1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.458 OF 2008 IN CRIMINAL APPEAL NO.353 OF 2008 Tahirabanu Mohd.. Vais Ansari ..Applicant V/s. The State of Maharashtra ..Respondent Mr.G.H.Keluskar, advocate, for applicant Mrs.V.R.Bhosale, A.P.P, for the State CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 6TH MAY, 2008 P.C. . The applicant, accused No.2 has been found guilty of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code alongwith accused No.1. 2. P.W.3 is an eye witness. Rukkaya was assaulted in the house of the present applicant. P.W.1, P.W.2 and P.W.3 have deposed to the fact that the applicant herein also assaulted the 2 deceased. The injuries have been described by the learned Judge in paragraph ten of the Judgment. 3. The learned counsel for the applicant submits that the applicant was on bail during the trial and apart from that there is nothing to indicate that there was a common intention. 4. Considering the fact that the deceased died on account of the injuries sustained by her and further, as there are three eye witnesses who have deposed to the assault both by the accused No.1 as also other accused. In our opinion, no case is made out for grant of bail. Application for bail is rejected. (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.)