Shaik Hussain v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.12376 of 2016 ORDER:

The petitioner-accused preferred the present Criminal Petition under Section 439 (2) of the Code of the Criminal Procedure (Cr.P.C.), seeking relaxation of the condition imposed in order dated 11.07.2016 in Crl.M.P.No.833 of 2016 in S.C.No.220 of 2016 by the VII Additional Metropolitan Sessions Judge, Hyderabad.

Heard.

Vide order dated 11.07.2016, the petitioner was granted bail on condition of his executing bond for a sum of Rs.25,000/- with two local sureties for likesum each to the satisfaction of Sessions Court. Seeking relaxation of the said order to the extent of directing the petitioner to furnish local sureties, present petition is preferred. Learned counsel for the petitioner submits that the petitioner is a poor person and is not in a position to furnish two local sureties. It is to be noted that it is a case of double murder and dying declaration was also recorded by the Judicial First Class Magistrate, Excise offences, Erramanjil, Hyderabad.

Having regard to these aspects, the trial Court imposed the said condition. Taking into consideration the gravity of offence and since the petitioner is in jail since last one year, the condition of furnishing two local sureties as imposed by the trial Court is hereby modified and instead it is directed that out of two sureties as ordered by the trial Court, one surety must be a local surety and another surety must be from the native place of the petitioner. The trial Court shall verify the antecedents and also the addresses furnished by the sureties before accepting the same. It is further directed that the trial Court shall dispose of the Sessions Case as early as possible preferably within a

period of three months from today.

It is further represented by the learned counsel for the petitioner that the petitioner is not in a position to engage an advocate to defend himself. If that is so, the trial Court shall provide the petitioner with necessary legal assistance by allotting a legal aid counsel. Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR 29.08.2016 sur