ORDER

This application u/S 439(2) of Cr.P.C. has been filed by the applicant for cancellation of bail order dated 03.11.2020 passed in M.Cr.C. No.20406/2020, wherein the respondent No.1 Sheikh Mehboob was granted anticipatory bail by this Court.

2. As per prosecution case, a complaint was filed by complainant Usha Parmar styling herself as Power of Attorney holder of Ranjeet, Manorma, Tej Kumar, Tara Bai, Sajan Bai, Shiv Narayan, Lakhanlal, Sumanbai, Savitribai and Lakhanlal inter-alia alleging that the respondent No.1/accused and his associates have encroached upon a land on the ownership of the executors of Power of Attorney and are developing the colony for commercial purpose. The entire land has been in excess of ceiling limits under the repealed urban land, Ceiling Act, 1976. A writ petition being WP No.1102/ 2008 seeking relief to relieve the land from ceiling is pending before this Court allegedly filed by the executors, one original person Babulal and Mayur Nagar Housing Society. Though, respondent No.1 has not alleged to have any proximity with the society. Accordingly, crime No.616/2019 for offence punishable u/S 420, 467, 468, 471, 188, 447 and 120-B of IPC has been registered at P/S Azad Nagar, Indore against the respondent No.1 and co-accused Sheikh Mehboob and co-accused person Sheikh Ismail, Sheikh Mustak, Arvind Thakur and Deepak Paal.

3. Order dated 03.11.2020 passed in MCRC No.20406/2020, the respondent No.1 was granted bail on following terms:- "(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the applicant shall make himself available for interrogation by a Police Officer as and when required;

(iii) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

(iv) the applicant shall not leave India or the area without previous permission of the trial Court/Investing Officer, as the case may be;

(v) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section

438 of Cr.P.C.;

(vi) As the applicant undertakes not to make any developmental work on the aforesaid land, therefore, status quo shall be maintained in respect of the land in question.

(vii) violation of any of the conditions, State is free to apply for cancellation of bail."

4. Learned counsel for the applicant submits that after granting anticipatory bail the respondent No.1 with the mala-fide intention and in violation of bail order specifically in violation of clause 6 has entered into an agreement with the land mafia and tried to sale the property of society despite the order of this Court to maintain status quo with regards to the disputed property in the present case. It is submitted that the respondent No.1 is a habitual offender. He has 5 criminal antecedents. It is also submitted that the respondent No.1 with mala-fide intention and with the aid of land mafia has also sold property bearing survey No.443/2, 406, 197 and 408 of the society named Mayur Grah Nirman Sahkari Sanstha Maryadit, which was also effected under the Ceiling Act and only the society has the power to act with regard to aforementioned property. It is further submitted that in respect of said illegal act of the respondent No.1, the applicant has made a complaint and the collector has also directed to register a crime against him. It is also submitted that the Administrator has been appointed for the aforementioned property. The applicant is concerned with the society and its members and due to alleged act of the respondent No.1, the society and its members will suffer huge loss. Therefore, it is prayed that the anticipatory bail of the respondent No.1 be cancelled.

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