IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4032 OF 2008 CRI.APPLICATION NO.4032 OF 2008 CRI.APPLICATION NO.4032 OF 2008 Mr Lakhansingh Thakur @ Vijay Namdeo Rathod, .. Applicant Vs State of Maharashtra, .. Respondent Mr Sudhir Halli, for the applicant. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 04/12/2008 DATE : 04/12/2008 DATE : 04/12/2008 PC: PC: PC: 1. Heard Mr.Halli, learned counsel for the applicant and Mr.Yagnik, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.134 of 2008 of Nigadi police station, Dist-Pune. The said crime has been registered against the applicant and six others for having allegedly committed an offence punishable under sections 143,147,148, 149,323,302, 427 of IPC and 37(1) read with 135 of the Bombay Police Act. 3. It is the prosecution case that on 22.4.2008 at 8.30 pm, all the accused assaulted the deceased Devappa Pawar, Ramu Devappa Pawar and Devabai Pawar. Devappa Pawar succumbed to his injuries before he was taken to the hospital. Ramu and Devabai also sustained injuries. According to the prosecution, Parsha Thakur - accused no.1 is the main person, who assaulted the deceased and when the complainant and the other two injured witnesses, that is, son and wife of the deceased tried to rescue the deceased, the other accused, including the present applicants, assaulted them. The deceased died of 16 injuries. From the nature of the injuries it appears that he was mercilessly beaten by the accused. looking to the manner in which the incident occurred and the role played by the present applicants and the other accused, it is clear that all shared common intention. In the circumstances, this is not a fit case to enlarge the applicants on bail. The application is rejected. . While rejecting this application, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)