Abdur Raheman Shafik Ahmed v. The State Of Maharashtra And Another

948-ACB-237-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.237 OF 2022 IN BA/729/2019 ABDUR RAHEMAN SHAFIK AHMED

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Gajendra D. Jain, Mr. P. B. Pawar APP for Respondent No.1 : Mr. S. P. Sonpawale ...

CORAM :

S. G. MEHARE, J.

DATE :

11-01-2023 PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

A unique ground seeking the cancellation of bail is that the applicant did not move any application for converting the land to non-agricultural use and execute the sale deed within a month. The condition II(c) of bail order dated 02.08.2019 has not been complied with. Therefore, the bail is liable to be cancelled. 3.

While imposing condition to convert the land to nonagricultural use and then execute the sale deed, no time was imposed. In an affidavit of accused also, he did not bind himself to convert the land to non-agricultural use in a particular time. It appears that under the pretext of condition imposed while granting bail, the present applicant intents to get the contract performed. Civil remedy is available to him. The bail condition did

948-ACB-237-22.odt not cease the right to avail the civil remedy. Having regard to the facts of the case, there are no allegations that the accused interfered with the trial. The Court is not satisfied that the applicant has a good case for cancellation of bail. There are no overwhelming circumstances to curtail the liberty of the accused. It is not a good case to cancel the bail. Hence, application stands dismissed.

( S. G. MEHARE ) JUDGE rrd