Yashpal Singh , Pappu v. The State Of Telangana
:
\.l/ 2#u HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FR]DAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 104 OF 2020 Behveen:
Yashpal Singh @ Pappu, S/o. Late Shivalal Singh, Petitioner/Accused No.2 AND The State ofTelangana, Rep. by its Public Prosecutor, High Court for the State ofTelangana at Hyderabad.
Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to release the petitioner on bail in Crime No. 237 of 2019 on the file ofShah Inayathgunj Police Station, Hyderabad; Counsel for the Petitioner SRI A.PRABHAKAR RAO Counsel for the Respondent ADDL. PUBLIC PROSECUTOR The Court made the follorving;
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THE HONOURABLE ]USTICE G. SRI DEVt CRIMINAL PETITION No.104 of 2O2O RDER:
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No,2 seeking to grant bail in Crime No.237 of 2019 on the file of Shah Inayathgunj Police Station, Hyderabad, registered for the offence punishable under Section 8(c) read with Section 20(bxiiXB) of the NDPS ACt.
2.
Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.
3, The case of the prosecution in brief is that on 09.12.2019 at about 10.15 am on credible information, the Police of Shah Inayathgunj Police Station detected a case of illegal possession and sale of dry ganja beside Shiva Lal Pan Shop, Jummerath bazaar and that on seeing the Police, the accused tried to escape, but the Police apprehended them and seized 6 kgs of dry ganja from the possession of the petitioner-accused No.2 and 2 kgs of ganja from the possession of accused No.3 under the cover of panchanama and arrested them.
4.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution much less the offence with which he was charged; and that the Police has shown a false recovery of ganja from the possession of the petitioner and has falsely implicated him in the aforesaid crime. Learned counsel further submitted that all the l-
witnesses were examined by the Police and the investigation is almost completed. Hence, he prays to enlarge the petitioner on bail.
5. The quantity of ganja alleged to have been recovered from the possession of the petitioner-accused No.2 is 6 kgs, which is less than the commercial quantity and the petitioner has been in custody since 10.12.2019. Further, the investigation in the aforesaid crime is said to have been almost completed.
6.
In the light of the above, the Criminal Petition is allowed. The petitioner is directed to be released on bail on his furnishing a personal bond to the tune of Rs,15,0000/- (Rupees Fifteen thousand only) with two sureties to the like amount each to the satisfaction of the learned I Additional Metropolitan Sessions Judge, Nampally, Hyderabad. The petitioner shall not tamper with the prosecution witnesses and shall co-operate with the investigating agency and he shall not misuse the liberty granted to him. Further, the petitioner shall not indulge in similar activities in future. 7.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
SD/.CH, VENKATESWARLU ASSISTANT REGIST //TRUE COPY/i SECTION OFFICER o T The I Addl. Metropolitan Sessions Judge, Hyderabad. The XVI Addl. Chief Metropolitan Magistrate, Hyderabad. The Station House Officer, Shah Inayathgunj Police Station, Hyderabad. The Superintendent, Chenchalguda Central Jail, Hyderabad. Two CCs to Public Prosecutor, High Courl of Telangana, at Hyderabad (OUT) one CC to Sri A.Prabhakar Rao, Advocate (OPUC) one Spare Copy J ff r
\ ac HIGH COTIR'T GSD,J DATE: 10-1-2020 ORDIR CRL.P. NO. t04 C)F 2020 BAIL l0 mu Z[0