:1: 901.ba.1363.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1363 OF 2011 Kiran Balasaheb Maske and Anr ..Applicants Vs The State of Maharashtra ..Respondent Mr. S. V. Marwadi,for the Applicants. Mrs. S. D. Shinde, APP for the State. Mr. Sachin Deokar h/f V. V. Purwant,for the First Informant. CORAM :- A. M. THIPSAY, J. DATE :- SEPTEMBER 16, 2011 P. C. Heard Mr. S. V. Marwadi, the learned Advocate for the Applicants, & Mrs. S. D. Shinde, the learned APP for the State. 2 The Applicants are named as the assailants in the FIR lodged by one Abhiman Maske, who claims to be an eye witness to the incident. Though, the Applicants are not alleged to have assaulted the victim by any weapon, a reading of FIR indicates, prima facie, that the assault was in furtherance of the common intention of all the assailants named in the F.I.R. It also appears that the Applicants, though have not used any weapon, have played an active part in the incident. :2: 901.ba.1363.11 3 In fact, the previous application filed by the Applicants was after advancing some arguments, withdrawn( Bail Application No. 1150 of 2011, decided on 10th August, 2011). Mr. Marwadi learned Advocate for the Applicants, fairly submits that when the present application was filed, this fact, namely, of withdrawal of the previous bail application, was not within his knowledge. 4 The fact remains that there appears to be no case for releasing the Applicants on bail. 5 The Bail Application is rejected. 6 Needless to say, that the observations about the Applicants having acted, prima facie in furtherance of the common intention of all the assailants are only of a tentative nature, and have been made only in the context of the present bail application. ( A. M. THIPSAY, J. )