Mohammed Gulam Ali v. State Of Telangana

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.1611 OF 2018 ORDER:

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.2, in Crime No.211 of 2017 on the file of the Station House Officer, Shamshabad Excise Station, Shamshabad District. The offence alleged is under Section 34(a) of the A.P. Excise Act, 1968.

2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.

As per the case of the prosecution, this petitioner has been procuring the non duty paid liquor bottles and selling to the customers at low prices. Hence, the contention of the petitioner's counsel that this petitioner has nothing to do with the alleged offence and that it is only based on the confession of accused No.1, the petitioner was arrayed as accused No.2, cannot be taken as a basis for granting anticipatory bail to the petitioner. The involvement of the petitioner in the alleged offence is evident from the confession of accused No.1. Further, the investigation is not yet completed. Learned counsel for the petitioner brings to the notice of this Court that accused No.1 was already enlarged on bail. 4.

Hence, considering the above, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner/accused No.2 is also at liberty to surrender the before the lower Court having jurisdiction and obtain regular bail. The lower Court shall dispose of the bail application expeditiously, preferably on the same day, on merits, subject to pressure of other work.

5.

Accordingly, with the above observation, the Criminal Petition is dismissed.

As a sequel, the miscellaneous applications, if any pending, shall stand dismissed.

______________________ T. RAJANI, J Date: 19.02.2018.

Dsh

SMT JUSTICE T.RAJANI 22022018 CRIMINAL PETITION No. 1611 OF 2018 Date. 19.02.2018 DSH