Saba Nazim Qureshi v. The State Of Maharashtra And Others

criapln1346-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1346 OF 2015 (Saba Nazim Qureshi Vs. The State of Maharashtra and others) ---- Mr. Naseem R. Shaikh, Advocate for the applicant Mr. V.P. Kadam, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 31/03/2015 ORAL ORDER :

1.

Heard.

2.

Mr. N.R. Shaikh, learned counsel for the applicant, submits that this Court itself can reappreciate the material on record again and can cancel the bail which was granted by this Court to the respondents No. 2 and 3, even if there are no allegations of misuse of the liberty. He relied on the ratio laid down in the cases of "Puran V. Rambilas and another" reported in 2001 CRI.L.J. 2566 (1) and "Prakash Kadam and etc.etc. V.Ramprasad Vishwanath Gupta and another" reported in 2011 CRI.L.J. 3585.

3.

The reading of the judgements, relied on by the

criapln1346-2015 learned counsel for the applicant, would show that only in very exceptional cases, the Court can re-appreciate the evidence if the earlier order granting bail would entail into carriage of injustice.

4.

On going through the papers, nothing exceptional is found in the present case. The application is, therefore, dismissed.

[M.T. JOSHI] JUDGE npj/criapln1346-2015