Mirza Asghar Ali Baig @ Ali @ Asghar v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.124 OF 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.1 in Crime.No.195 of 2023 on the file of Dabeerpura Police Station, Hyderabad, registered for the offence punishable under Section 8 (c) r/w 22(c), 27 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

This Court, by order dated 18.12.2023, granted relief of regular bail to Accused No.3. This petitioner, accused No.3 and another were found in possession of 12 grams of MDMA on 26.10.2023. On the ground that the police have not undertaken sampling of the contraband seized nor inventory was conducted by the learned Magistrate, bail was granted to accused No.3 on ground of parity, petitioner is also entitled for bail.

4.

In view of the aforesaid reasons, this Court is inclined to grant the relief of regular bail to the petitioner, subject to following conditions:- i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, for a like sum each to the satisfaction of the VIII Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioner/Accused No.1, after release shall appear before the concerned Station House Officer on every Monday for a period of eight weeks from the date of this order. It is needless to say, he shall appear before the concerned Court for the purpose of completion of trial. iii) The petitioner/Accused No.1 shall surrender his passport, if any, to the concerned police. In the event of the petitioner seeking return of passport or permission to travel he shall approach the lower Court.

iv) The petitioner/Accused No.1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C. 5.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 08.01.2024 plp/dgr

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.124 of 2024 Dt.08.01.2024 plp/dgr