M.A Qavi Abbasi v. The State Of Telangana.
THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.3566 of 2024 ORDER:
This Criminal Petition is filed by the petitioner-accused to relax the condition imposed by the Additional Metropolitan Sessions Judge for trial of Communal Offence cases cum VII Additional Metropolitan Sessions Judge, Hyderabad in Criminal Revision Petition No.91 of 2022 dated 26.09.2022 in Crime No.958 of 2022 of CCS Police Station, DD, Hyderabad.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3. Learned counsel for the petitioner submitted that the petitioner was granted bail by the FAC XIV Additional Chief Metropolitan Magistrate, Hyderabad on 24.06.2022 in Crl.M.P. No.1034 of 2022 by imposing a condition to appear before the concerned Station House Officer on every Monday and Wednesday till filing of charge sheet. Subsequently, the petitioner filed Criminal Revision Petition No.91 of 2022 to modify the said condition and the said petition was allowed on 26.09.2022
Dr.GRR, J Crl.P.No.3566 of 2024 modifying the said condition and directing the petitioner to appear before the SHO, PS CCS, DD, Hyderabad on every Sunday between 5.00 PM and 8.00 PM till filing of charge sheet. The petitioner was appearing since then as per the direction of the court below. The charge sheet was not yet filed. He further submitted that the petitioner was an Advocate by profession. He was a Cardiac patient and was suffering with BP and Diabetes and was attending for regular checkups and the above condition was causing hindrance to his physical and mental health and prayed to relax the above condition.
4. The learned Additional Public Prosecutor stated that the petitioner was appearing before the concerned SHO as directed by the court below, but he was involved in several other cases of similar nature and requested this Court to give a direction to him to appear before the concerned SHO as and when his presence was required.
5. Perused the record. Considering that the bail was granted to the petitioner on 24.06.2022 with a condition to appear before the concerned SHO twice a week i.e. on every Monday and
Dr.GRR, J Crl.P.No.3566 of 2024 Wednesday and the same was modified by learned Sessions Judge vide Criminal Revision Petition No.91 of 2022 dated 26.09.2022 directing him to appear before the concerned SHO on every Sunday till filing of the charge sheet instead of his appearance twice a week and the petitioner was appearing sincerely since then, and the charge sheet is not yet filed even after completion of two years, it is considered fit to relax the above condition.
6. In the result, the criminal petition is allowed relaxing the condition imposed against the petitioner in Criminal Revision Petition No.91 of 2022 directing him to appear before the concerned SHO on every Sunday. However, the petitioner is directed to appear before the concerned Investigating Officer as and when he was called by the Investigating Officer requiring his presence for conducting further investigation. Miscellaneous petitions pending, if any, shall stand closed. _____________________ Dr. G. RADHA RANI, J April 02, 2024 KTL