Ramakant Dattatray Khile v. The State Of Maharashtra And Another

926-acb-51-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.51 OF 2022 WITH ACB/52/2022 WITH ACB/53/2022 RAMAKANT DATTATRAY KHILE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Pandule A.Y.

APP for Respondent/State : Ms. V.S. Choudhari ...

CORAM : S.G. MEHARE, J.

DATED : 21st SEPTEMBER, 2022 PER COURT:- 1.

Heard learned counsel for the applicant.

2.

He would submit that at the time of granting anticipatory bail by the learned Sessions Court, he was not the party to the anticipatory bail application. However, after lodging the crime, he has submitted the relevant documents showing his title and interest in the property. The documents on which the applicant wants to rely upon, were not before the learned Sessions Court. Therefore, in view of the law laid down by the Hon'ble Apex Court in the case of Gurcharan Singh & Ors vs State (Delhi Administration), 1978 AIR 179, the applicant cannot seek the relief before this Court. Herein the case, it may be observed that those documents are coming subsequent to the order passed by the learned Sessions Court. Therefore, the applicant may approach the learned Sessions Court for cancellation of

926-acb-51-2022.odt (2) bail. Learned counsel for the applicant wants to approach the learned Sessions Court for cancellation of bail. In view of the provisions of law, the applications stand disposed of.

(S.G. MEHARE, J.) Mujaheed//