Nafeequl Biswas v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7816 OF 2016 ORDER:

This Criminal Petition is filed by A.6 under Sections 437 and 439 of the Code of Criminal Procedure (Cr.P.C.,) seeking to enlarge him on bail in S.C.No.284 of 2010 pending on the file of VII Additional metropolitan Sessions Judge, Hyderabad. The petitioner herein is being tried for the offences under Sections 302, 307, 120-B 153(A) IPC and Sections 3 and 5 of Explosive Substance Act, Section 25(1)(a) of Indian Arms Act, Sections 16, 18, 19, 20 and 23 of Unlawful Activities (Prevention) Act, 1967. The case of the prosecution is that the petitioner along with other accused alleged to have involved in blasting of City Task Force Office, Begumpet, Hyderabad on 12.10.2009 resulting in death of one homeguard.

Learned counsel for the petitioner submits that the petitioner was arrested on 31.12.2005 and for the last eleven (11) years he is in prison. Further on an earlier occasion, this Court passed an order on 9.12.2011 in Crl.P.No.12760 of 2011 directing the trial Court to conduct the trial as expeditiously as possible. So far, only charges were framed and the case is coming up for fixing up of schedule.

On earlier occasions also, this Court directed the trial Court to dispose of the case as expeditiously as possible. Today, the learned Public Prosecutor submits that already twenty-five witnesses were examined and if three months time is granted for conclusion, the same will be concluded as directed by this Court. Considering the said submission of the learned Public Prosecutor, the trial Court is directed to dispose of the case on or before 18.10.2016, and if there is any failure on the part of the trial Court to conclude the trial within the stipulated time stated as above, the petitioner is at liberty to approach this Court.

With the above directions, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 24.06.2016 Tsr/pln