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High Court for State of TelanganaCRLP/2574/2021allowed no costs

Mohammed Ismail v. The State Of Telangana

2021-04-27G Sri Devi3 pages

HIGH COURT FOR THE STATE OF TELANGANA : HYDERABAD MAIN CASE NO: Crl.P.No.2574 of 2021 PROCEEDING SHEET 3.

08.12.2021 LK,J I.A.No.2 of 2021 This application is filed to reduce the surety amount as ordered in I.A.No.1 of 2021 in Crl.P.No.2574 of 2021, dated 21.09.2021.

This Court, by order, dated 27.04.2021, has granted bail to the petitioners/A.1 and A.2, by imposing the following conditions.

(i) The petitioners/A1 and A2 shall be released on bail on their executing a personal bond to the tune of Rs.1,00,000/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the V Additional Metropolitan Magistrate, L.B.Nagar.

(ii) On such release, the petitioners/Al and A2 shall appear before the Investigating Officer on every Thursday between 10.00 AM and 2.00 PM., from June, onwards, till completion of investigation and filing of the charge sheet. (iii) The petitioners/Al and A2 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

(iv) the petitioners/A1 and A.2 shall not tamper with the prosecution witnesses.

(v) The petitioners/A.1 and A.2 shall co-operate with the investigating agency.

(vi) The petitioners/A.1 and A.2 shall not misuse the liberty granted to them.

Learned counsel for the petitioner/A.1 submits that as the petitioner is not in a position to pay the said amount as ordered on 27.04.2021 in Crl.P.No.2574 of 2021, I.A.No.1 of 2021 is moved seeking relaxation of condition No.1 and this

Court, by order, dated 21.09.2021, has reduced the amount from Rs.1,00,000/- to Rs.50,000/-.

Learned counsel for the petitioner/A.1 submits that petitioner has been languishing in jail for more than one year and the petitioner hails from Myanmar, belongs to a weaker section of community, he is not able to furnish the surety amount. Learned counsel submits that the condition imposed by the Court is onerous, as such he is not able to comply with the said condition. She further submits that petitioner is suffering from health ailments. As such, she prayed to reduce the surety amount.

Learned Assistant Public Prosecutor submits that this petitioner has no fixed abode and if bail is granted to the petitioner, it is difficult for the prosecution to secure his presence. He further submits that in other cases, Nonbailable warrants were also issued. As the petitioner is languishing in jail for more than one year and he is not able to comply with the conditions, in the interests of justice, this Court deems it appropriate to modify the condition imposed by this Court in I.A.No.1 of 2021, dated 21.09.2021, to the extent of 'the petitioner/A.1 shall be released on bail on his executing a personal bond to a tune of Rs.10,000/- with one surety for a like to the satisfaction of the V Additional Metropolitan Magistrate, L.B.Nagar.

Accordingly, this application is ordered.

____________ LK,J mar