Md. Saddam v. The State Telangana

I [26e1I HIGH COURT FOR THE ST.A.TE OF TELANGANA AT HYDERABAD lHE FRIDAY, THE TWENTY NINETH DAY OF MARCH TWO THOUSAND AND NINETEEN o o :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER E) * fie€ CRIMINAL PETITION NO: 1600 OF 2019 Between:

Md.Saddarn. Sio.Kareemullah.

....Petitioner/Accused No.8 AND The State Telalgana, Rep by its Public Prosecutor, High Court at Hyderabad, Hyderabad through Station House Officer, Nirmal Rural Police Station, Nirmal, Nirmal District. ....Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail pursuant crime in FIR No.10 of 2019 on the file of Nirmal Rural Police Station, Nirmal, Nirmal District The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and ppon hearing the arguments of M/S.A.M.RAO Advocate for the,PetiJioner and of the ADDITIONAL PUBLIC PROSECUTOR (TG) for Respondent, the Court made the following.

ORDER

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.8, for grant of bail in Crime No.10 of 2019 of Nirmal Rural Police Station, Nirmal District, registered for the offences punishable under Sections 379,382, 409, L208,307 read with 34 of IPC, Sectlon 20(i)(c) & 29 of the Telangana Forest Act, 1967, and Sectjon 3 of the Prevention of Damage to Public Property Act, 1984.

2. Heard the learned counsel for the petitioner/A.8, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3. The allegation against this petitioner/A.B is that he has taken Rs.8,000/- per trip for illegal transportation of the teakwood. This petitioner/A.B was.remanded to judicial custody on 29.01.2019. As,per the submlssions made on behalf of this petitioner/A.8, this petitioner/A.8 is

).

neither the temporary watcher of Soan Forest Checkpost nor has got any employment in the Forest Depaftment. He is only a businessman. The / other accused Nos.1 to 4 in this crime were granted regular beil,by. this Court today, Having regard to the nature of allegations levelled against the petitioner/A.8 and the material collected so far, this petitioner/A.8 can be enlarged on bail under Section 439 ot Cr,P.C. 4.

Accordingly, the petitioner/A,B is ordered to be released on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to the satisfaction of the learned Additional. Judicial Magistrate of First Class, Nirmal. Qn such release, the petitioner/A,B shall report before the Station House Officer, Nirmal Rural Police Station, Nirmal District, on every Sunday between 09:00 AM and 11:00 AM till filing of the charge-sheet. The Criminal Petition is, accordingly, allowed. 5.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

Sd/. B.SATYA V HI ASSIST STRAR \ //TRUE COPYII For ASSI RXGISTRAR To

1. The Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-V Additional District & Sessions Judge, Adilabad.

2. The Additional Judicial Magistrate of First Class, Nirmal.

3. The Superintendent, Special Sub-Jail, Nirmal.

4. The Station House Officer, Nirmal Rural Police Station, Nirmal, Nirmal District

5. One CC to SRI. A M RAO Advocate [OPUC]

6. Two CCs PUBLIC PROSECUTOR (TG) High Court for the State of Telangana, at i Hyderabad (OUT)

7. One spare copy

I HIGH COURT DR.SA.J :'

DATED: 29.3.2019'

CRL.P.NO.1600 0F 2019 BAIL I l a