Vijay Pawar v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE NINETEENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 1494 of 2018 Between:
Vijay Pawar, S/o. Ganpath Petitioner (Accused No.18 in Cr.No.246/2017 of Utnoor P.S., Adilabad Dist) AND The State of Telangana, rep .by Utnoor P.S., through its Public Prosecutor, High Court at Hyderabad.
Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed therein, the High Court may be pleased to grant anticipatory bail to the petitioner in the event of his arrest in the FIR. 281 of 2017 on the file of the Utnoor P.S., Adilabad District.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri K.Ajay Kumar, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is A-18 in Crime No.246 of 2017 on the file of the Station House Officer, Utnoor Police Station, Adilabad District. The offences alleged are under Sections 147, 188, 353, 427, 307, 153-A, 435 and 120-B of the Indian Penal Code read with Section 3 of PDPP Act.
Heard the learned counsel for the petitioner-A18, learned Public Prosecutor appearing for the respondent-State, and perused the record. Counsel for the petitioner submits that all the other accused were granted regular bail and the reason for seeking anticipatory bail is stated to be because of he being a teacher. Counsel for the petitioner also brings to the notice of this Court the earlier order dated 29.01.2018 in Crl.P.No.387 of 2018 in which this petitioner was shown as A-11.
This Court expressed that though the conscience of the Court does not permit to grant anticipatory bail to the petitioner, since the petitioner is a Government teacher and that he would lose his job if he is arrested and his family would suffer, it is considered to grant anticipatory bail. For the same reasons, the Criminal Petition is allowed and the petitioner/A18 is directed to surrender before the Station House Officer, Utnoor Police Station, Adilabad District, within 15 days from the date of this order. On such surrender, the petitioner/A-18 shall be released on bail on his executing personal bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/A-18 shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioner shall make himself available for interrogation by a police officer as and when required;
2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
..2..
3) The petitioner shall not leave India without the previous permission of the Court;
4) The petitioner shall attend before the Station House Officer, Utnoor P.S., every day until further orders.
Miscellaneous petitions, if any, pending shall stand closed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Special Judge for trial of cases under SCs/STs (POA) Act-cum-V Additional District and Sessions Judge, Adilabad.
2. The Judicial Magistrate of First Clas,s Utnoor, Adilabad District.
3. The SHO, Utnoor Police Station, Adilabad District.
4. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
5. One CC to Sri K.Ajay Kumar, Advocate(OPUC)
6. One spare copy.
SAH
HIGH COURT TRJ DATED: 19-02-2018
ORDER
CRL.P.NO. 1494 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 20-02-2018 HIGH COURT TRJ DATED: 19-02-2018
ORDER
CRL.P.NO. 1494 OF 2018 ANTICIPATORY BAIL