Syed Shahed v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.360 of 2022 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused No.2 in connection with Crime No.116 of 2021 of P.S Central Crime Station DD, Hyderabad, registered for the offences punishable under Sections 420, 465, 467, 468, 471 r/w 34 of IPC seeking bail.

2.

A report was lodged by the complainant on 19.07.2021 stating that on 02.12.2020 petitioner and one P.Shekar Goud approached the complainant for sale of open plot admeasuring 1500 sq. yards at Moosapet Main Road, Hyderabad for a total consideration of Rs.11,25,00,000/- stating that petitioner holds valid agreement of sale with four registered GPA holders of said land. On seeing the same, complainant paid Rs.1,10,00,000/- to the said P.Shekar Goud by way of cash and RTGS. Later, when the complainant approached Prakash Babu, who is one of the four registered GPA holders to verify about genuineness of agreement of sale, he denied the same and alleged that the said sale agreement is fabricated by forging their signatures. On that complainant demanded the P.Shekar Goud to return the advance amount, for which he issued a cheque No.012355 dated 11.12.2021 drawn on South Indian Bank Limited, which was bounced when presented for collection. Basing on the same, the present crime was registered.

3.

Heard Sri Syed Ahmed Ali, learned counsel for petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent-State.

4.

Learned counsel for petitioner submits that petitioner is alleged to have committed the offences punishable under Sections 420, 465, 467, 468, 471 r/w 34 of IPC and he is unconnected with the crime. He submits that petitioner was arrested and remanded to judicial custody on 04.12.2021 that since then he is languishing in jail. He submits that A-1 was already granted bail by this Court on 05.01.2022, as such his case may be considered for grant of bail. 5.

Per contra, learned Assistant Public Prosecutor submits that investigation is pending, so far nine witnesses were examined and at this stage, petitioner is not entitled for bail. 6.

Taking into consideration the fact that petitioner is languishing in jail from the last 45 days and A-1 was already enlarged on bail, this Court deems it appropriate to enlarge the petitioner on bail, however on certain conditions.

7.

In the result, criminal petition is allowed and the petitioner / A-2 shall be enlarged on bail in connection with Crime No.116 of 2021 of P.S Central Crime Station DD, Hyderabad on his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of XII Additional Chief Metropolitan Magistrate, Hyderabad. The petitioner shall appear before the police once in a month between 10.00 a.m. and 12.00 p.m. till completion of investigation.

___________________________ LALITHA KANNEGANTI, J 19th January, 2022 PVD

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.360 of 2022 19.01.2022 PVD