Gugulothsaida Naik, Saida v. The State Of Telangana
t 31s8 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1371 OF 2O2O Between:
1. GugulothSaida Naik@ Saida, S/o.G.Mangya,
2. Lakavath Vinod, S/o, L.Srinu, Petitioners/A1 & A3 AND The State of Telangana/ rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad.
Respondent/Complainant Petitlon under Sectlon 437 & 439 of Cr.P.C, praying that inthe circumstances stated in the grounds filed in support of the Criminal Petitlon, the High Court may be pleased to release the petitioners on bail in Cr.No.714/20t9 of Police Station Meerpet, Cyberabad The petition coming on for hearing, upon perusing the Petition and the grounds flled in support thereof and upon hearing the arguments of SMT B MOHANA REDDY Advocate for the Petitioners and the Additional PUBLiC PROSECUTOR for the sole Respondent and the Court made the following. ORDER:
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1371 ot 2020 ORDER:
The petitioners-A1 and 43 filed the present application under Sections 437 and 439 of the Code of Criminal Procedure, seeking to grant bail to them in Cr.No.714 of 2019 on the file of Meerpet Police Station, Rachakonda District, registered for the offence under Section 20(b)(ii)(c)of NDPS Act, 1985.
2.
The case of the prosecution is that on 23.10.2019 al 04.40 hours, on credible information, the lnspector of Police along with his staff, reached near Gayathri Nagar X Roads, Balapur Mandal, Ranga Reddy District, and while they were conducting vehicle check, they stopped a Maruthi Suzuki Swift cat bearing No.TS T/R 11 X 6281, and on search, they found 42 packets containing ganja in the dickey and transporting the same illegally for selling the same at higher price. The police seized total B0 Kgs of ganja in 42 packets under a cover of panchanama and thereafter, registered the aforesaid case against 41 to 44. 3.
Learned counsel for the petitioners/A1 and 43 submits that the petitioners have not committed any offence alleged by the prosecution and they have been falsely implicated in the crime. He further submits that the petitioners have been languishing in jail since 23.10.2019 and that as A2 was already enlarged on bail, the case of petitioners stands on same footing as that of A2. He further submits that the petitioners are law abiding citizens without any criminal antecedents previously and they are ready to furnish !-F
GSD. J Crl.P.No.'1371 of 2020 sufficient sureties to the satisfaction of the Court and they shall abide by any condition imposed by this Court. 4.
Learned Additional Public Prosecutor opposed to grant bail to petitioners/Al and A3 and submits that 41 to 44 were arrested on 23302019, however, he conceded to the fact that the ganja, which was recovered from the possession of each accused, is less than the commercial quantity.
5.
ln view of the nature of allegations levelled against the petitioners/Al and 43 and since 42 was already enlarged on bail, the case of petitioners stands on same footing as that of A2. Therefore, without adverting to the merits of the matter, I am inclined to grant bail to the petitioners/A1 and 43 on certain terms and conditions.
6.
The Criminal Petition is allowed and the petitioners/Al and 43 shall be released on bail on the following terms and conditions: (i) That the petitioners/A1 and A3 shall execute a personal bond for a sum of Rs.'10,000/-(Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, L.B.Nagar, Ranga Reddy District.
(ii) that the petitioners/Al and 43 shall appear before the lnvestigating Officer on 2nd and 4th Saturday of every month between"l0.00 AM to 2.00 PM., till completion of investigation or filing of charge sheet, whichever is earlier. (iii) Thereafter, the petitioners/A1 and 43 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
(iv) that the petitioners/A1 and 43 shall not indulge in any similar type of activities in future.
(v) that the petitioners/Al and A3 shall not tamper with the prosecution witnesses;
I
GSD. J Cd.P.No.1371 of 2020 (vi) that the petitioners/A.l and A3 shall co_operate with the investigating agency.
(vii) that the petitioners/A1 and A3 shall not misuse the liberty granted to them.
As a sequel, miscellaneous applications, if any pending, shall stand closed.
SDi. N. CHAN DRASEKH,qRA. I{/\C} ASSTSTP.N TREGIST V / lTRUE COPY / / Section Off icer To,
1. The Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L. B. Nagar
2. The Superintendent Central Prison, Cherlapally, Medchal District.
3. The Station House Officer, Police Station Meerpet, Cyberabad.
4. One CC to SMT. B N4OHANA REDDY Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT]
6. One Spare Copy \ GR
HIGH COURT GSD] DATED:OS /03/2O2O
ORDER
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