Mohd. Nadeem v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2242 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.2 in Crime No.907 of 2024 of Rajendranagar Police Station, Cyberabad Commissionerate, on bail, the present Criminal Petition is filed. 2.
The brief facts of the case are that on 10.09.2024, SubInspector LW-1 received credible information about individuals illegally transporting ganja from Vishakapatnam to Uttar Pradesh via Hyderabad. He informed his superior officer and proceeded to the scene with staff and panchas. There, they found five people transferring brown packets between two cars. LW-1 apprehended them, recorded confessions, and seized 125 packets of ganja weighing around 258kg, along with mobile phones, cars, a country-made pistol, and ammunition.
3.
Heard Sri Mohd. Muzaferullah Khan, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar
Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the allegations leveled against the petitioner vague and baseless stating that he has nothing to do with the other accused, did not confess to the police, and was falsely implicated. He further submitted that no ganja was seized from the petitioner and the police violated procedures by not registering a FIR and not informing him of the grounds for his arrest in his vernacular language. The Petitioner has been in judicial custody since 11.09.2024, and the material part of the investigation is completed. Therefore, he prayed the Court to grant bail to the petitioners by allowing this Criminal Petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Further, the contraband seized from the accused is huge commercial quantity. Hence, he prayed the Court to dismiss the criminal petition.
6.
After considering submissions from both the parties and reviewing the record, it appears that the petitioner is languishing in jail from 11.09.2024, the material part of investigation is completed, and till now no charge sheet is filed. Considering the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions:
i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned XI Additional Metropolitan Magistrate, Cyberabad Commissionerate at Rajendranagar, Ranga Reddy District.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Sunday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of
investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 03.03.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2242 of 2025 Date: 03.03.2025 SAI