Mohd.Abdul Sayeed, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRL.P.NO.10347 OF 2016

O R D E R

This petition is filed under Sections 437 and 439 Cr.P.C. seeking release of petitioner, who is A-6 in S.C.No.475/2011 on the file of XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad registered for the offences punishable under Sections 302, 120-B, 122, 123, 124-A, 153A read with Section 34 IPC and Sections 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 and Sections 25 and 27 of Arms Act.

2. As seen from the record, petitioner earlier filed Cr.P.No.9121/2015 seeking bail. By order dated 6.10.2015 this court, while rejecting the bail, directed the court below to conclude the trial within a period of one month, giving liberty to the petitioner to move application for bail before this court if the trial court fails to conclude the trial within one month. As the trial court failed to complete the trial, the petitioner filed Crl.P.No.12838/2015. Again while rejecting the bail, this court by an order dated 13.12.2015, granted some more time for conclusion of trial. As the trial could not be completed, the petitioner filed the present petition.

3. The learned counsel for the petitioner mainly submits that though this court fixed time for concluding the trial, the court below failed to honour the same and, therefore, seeks for a direction to the lower court to complete the trial within certain time limit.

4. The learned Additional Public Prosecutor on instructions submit that the property involved in the present case is also concerned with S.C.No.157/2008 and as the trial in the said case is complete, the property is transferred to the trial court. He further submits that fourteen more witnesses are required to be examined, which will be completed by 31.8.2016.

5. Though this court in the earlier petitions directed the trial court to conclude the trial within certain time, the same could not be done due to nonreceipt of certain property from s.C.No.157/2008. Further the material on record does not show that the trial court took extension of time for disposal of the case.

6. Having regard to the facts and circumstances referred to above, the trial court shall proceed with the trial from 18.8.2016 on day to day basis and complete the same as early as possible.

7. The criminal petition is disposed of accordingly.

8. Miscellaneous petitions pending if any, shall stand closed. ------------------------------ C.PRAVEEN KUMAR,J DATE: 04-08-2016 AVS