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High Court for State of TelanganaCRLP/1367/2020allowed no costs

Sadiq All Khan , Sadiq v. The State Of Telangana,

2020-04-15Shameem Akther3 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 1367 OF 2020 Between:

Sadiq Ali Khan @ Sadiq, S/o. Mohammed Khan, Petitioner/Accused No. 1 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad RespondenUComPlainant 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 enlarge the Petitioner/Accused No.1 on regular bail in Crime No.45 of 2020 ol Golconda Police Station, Hyderabad ;

This petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri Mohammed Aslam, Advocate for the Petitioner, and of the Public Prosecutor for the Respondent, the court made the following;

ORDER:

Criminat Procedure, 1973 (for short, 'Cr.P.C.')' of the Code of is filed by the This Criminal Petition, under Section 439 petitioner/accused No.l for grant of bail in crime No.45 of 2020 of Gotconda Potice station, Hyderabad city, registered for the offences punishable under Sections t47, L48t 324t 5OO rlw 149 IPC and Section 25(1XA) of Arms Act.

2.

Heard the learned counsel for the petitioner/accused No'l, the learned Public Prosecutor for the respondent/state and perused the record.

3. In the course of submissions, it is brought to the notice of this court that a crime is registered against the de facto complainant vide crime No.44 ol 2o2o on the file of Golconda Ps' for the offences undersectionsL47,,48,g24r/wL4glPC.Further,thesectionof taw in the instant crime No.45 of 2o2o ol Golconda PS, is altered from Section 324to Section 3O7 IPC.

4, As seen from the material placed on record, the allegation against the petitioner/accused No.1 is that he stabbed the de facto complainant with a knife on leg. The injury sustained by the de facto complainant is not on vital organ. The petitioner/ accused No.1 was remanded to judicial custody on 08.02.2020 and since then he has been detained in Chanchalguda Jail, Hyderabad. The material witnesses in this case are examined. Under these circumstances, the petitioner/accused No.1 can be enlarged on bail on the following terms and conditions.

5. Accordingly, the petitioner/accused No.l is ordered to be released on bail on his executing a personal bond for a sum of RS.2O,OOO/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of XVII Additional Chief Metropolitan Magistrate, Hyderabad. On such retease, the petitioner/accused No.1 shall not threaten the witnesses or meddle with the investigation in any manner whatsoever. Further, as COVID-19 is prevalent, the petitioner/accused No.1 remain in his residentaal house until further orders, except attending the Court as and when called upon to do so.

6. In the result, the Criminal Petition is allowed. Miscellaneous Petitions, if any, pending in this Criminal petition shall stand closed.

Sd/- Dr. JUSTICE SHAMEEM AKTHER //TRUE COPY// ot1 I n-n1-o REGTSTRAR (JUDtCIA SECTION OFFICER To,

1. The XVll Additional Chief Metropolitan Magistrate, Hyderabad

2. The Station House Officer, Golconda Police Station, Hyderabad.

3. The Superintendent, Central Prison, Chanchalguda, Hyderabad

4. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)

5. one CC to Sri Mohammed Aslam, Advocate (OPUC)

6. Two CD Copies

HIGH COURT Dr.SA,J DATE: 15-04-2020

ORDER

GRL.P. NO. 1367 0F 2020 CRIMINAL PETITION ALLOWED \ 't'

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