1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 825 OF 2009 Shri Haji Firoz Mohmmead Rafiq Qureshi ..... Applicant. V/s The State of Maharashtra & Anr. ...... Respondents. Mr. A.P. Mundargi, Senior Counsel i/b Mr. Imtiyaz Patel for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 4th March, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 143, 144, 147, 148, 149, 302, 506(2), 120(b) of the Indian Penal Code which is registered by Nizampura Police Station, Bhiwandi, Thane. 3. It is the case of the prosecution that the deceased was contesting the election against accused No.1 and the applicant and others surrounded the motor- cycle of the deceased. The other accused pulled him down and assaulted him by various weapons. It is submitted that the only role attributed to the present applicant is that he was present at 2 the scene when the said incident took place. The learned APP appearing on behalf of the State submitted that the complainant and other witnesses had made similar statements. It is submitted that it cannot be said that applicant shared common intention or common object of unlawful assembly since no role has been attributed to him and that It is not alleged that the applicant alongwith others committed the said offence. Unfortunately, this submission cannot be accepted. The deceased was a candidate who was contesting the said election against accused No.1 and there was a rivalry between two groups. All the accused including the present applicant encircled the said deceased and others assaulted him. Merely because the applicant did not actively participate by assaulting the deceased that by itself would not absolve him from commission of the offence since charge of section 120-B also has been levelled against all the accused. That being the position, in my view, applicant is not entitled to be released on bail. Application for bail is therefore rejected. 4. Application is disposed of. (V.M. KANADE, J.)