Lamsani Shiva v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI CRIIII\AL PETITION NO: 2137 OF 2020 Between:
Lamsani Shiva, S/o. Ravindar, Petitioner/Accused No.2 AND The State ofTelangana, rep. by its Public Prosecutor, through S.H.O. Regonda, of Jayashankar Bhupalpally District, High Court of Judicature of Telangana at Hyderabad Respondent/Complainant Petition under Sections 43'1 & 439 of Cr.P.C, praying that in the circumstances stated in the Petition, the High Court may be pleased to enlarge the petitioner/accused No.2 on bail in connection with Crime No. 4 of 2020 on the file of the Station House Officer, Regonda Police Station, Jayashankar Bhupalpally District in the interest of the justice. l'he petition coming on for hearing, upon perusing the Petition filed therein, and upon hearing the arguments of Sri P.Mehar Srinivasa Rao, Advocate for the Petitioner, and of the Public Prosecutor, for the Respondent, the Court made the following. ORDER:
"This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/Accused No.2 seeking to grant bail to him in Crime No.,l of 2020 on the lile of Regonda Police Station, Jayashan kar-Bhupalpally District, registered for the offence punishable under Section 8 (c) read with Section 20(b) of the NDPS Act IPC.
2.
Ileard the learned counsel appearing for the petitioner, learned Public Prosecutor appearing for the respondent-State and perused the record. 3.
Learned counsel for the petitioner submits that earlier, the bail application filed by accused No.l in the aforesaid crime has been allowed by this Court, vide order dated 22.4.2020 in Criminal Petition No.l684 of 2020 and that as the petitioner also stands on the same footing as that ofaccused No.1, he prayed to grant bail to the petitioner. 4.
Learned Public Prosecutor opposed to grant bail to the petitioner. 5.
Having regard to the facts and circumstances of the case, without adverting into the merits of the case, and keeping in view the fact that on an earlier occasion, accused No.l in the aforesaid crime has already been enlarged on bail by this Court, I am inclined to grant bail to the petitioner.
6'
The Criminal Petition is allowed and the petitioner/A-2 is directed to be released on bail, subject to the following terms and conditions: (D The petitioner shall be released on bail on his executing a personal bond to the tune of Rs.25,0001 (Rupees Twenty five thousand onty) each with two sureties for a like sum each to the satisfaction of the Special Judge for NDPS-cum-I Additional Sessions Judge, Warangal.
(ii) The petitioner/A-2 shall not interfere with the investigation, intimidate or induce the material witnesses and he shall cooperate with the investigating agency.
(iii) The petitioner/A-2 shall not misuse the liberty granted to him. (iv) The petitioner/A-2 shall personally appear before the Court concerned on each date of hearing.
(v) The petitioner/A-2 shall not indulge in similar type of activities in future. Miscellaneous applications, if any pending in this criminal petition, shall stand c losed."
SD/- JUSTICE G SRI DEVI //TRUE COPY// REGISTRAR (JUDICIAL) SE OFFICER To,
1. The Special Judge for NDPS-cumJ Additional Sessions Judge, Warangal.
2. The Judicial First Class Magistrate at Parkal
3. The Station House Officer, Regonda Police Station, Jayashankar Bhupalpally District
4. The Superintendent, Central Jail, Warangal.
5. Two CCs to Public Prosecutor, High Court ofTelangana at Hyderabad (OUT)
6. one CC to Sri P.Mehar Srinivas Rao, Advocate (OPUC)
7. one Spare Copy
HIGH COURT GSD..I DATE: 5-5-2020
ORDER
CRL.P. NO. 2137 0F 2020 I}AIL s s"
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