1 appa943.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.943 OF 2010 IN CRIMINAL APPEAL NO.544 OF 2010 Ankush R. Satpute & ors. ....Applicant. Vs. The State of Maharashtra & ors. ....Respondents Mr. S.V.Kotwal i/b. M.S.Mohite for applicant. Mr. J.P.Yagnik, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 26, 2010 P.C. 1. Heard Counsel for the parties. Our attention has been invited to the relevant evidence, in particular, P.W.1 and P.W.9. The witnesses have consistently spoken about the role of each of the accused and about the circumstance on record which reinforces the position that the accused arrived on the scene with common intention. Considering that fact, it is not possible to accede to the argument of the applicants that they had not given fatal blow and were not the main aggressors. The evidence does indicate that both the 2 appa943.10 applicants were possessing weapons. Accused No.3 was having axe and Accused No.2 was having stick. Both the weapons have been used in the commission of the offence. In the circumstances, prayer for bail is rejected. 2. Counsel for the applicant lastly submits that the Accused No.3 has undergone almost 6 years of the imprisonment and Accused No.2 has undergone 4 years of the imprisonment. Keeping that in mind, we permit the Appellants to file private paper book, if they are interested in getting their matter expedited. If private paper book is filed and appeal becomes ready in all respects, the same be included in final hearing board under caption "accused in jail" as per its turn. 3. Application disposed of on the above terms. (U.D.SALVI, J) (A.M.KHANWILKAR, J)