Mohammed Anwar, v. The State Of Telanagana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6979 of 2015 ORDER:

This criminal petition is filed by the petitioner - Accused under Sections 437 & 439 of the Criminal Procedure Code, seeking to grant bail in S.C. No.285 of 2014 on the file of the Additional Metropolitan Sessions Judge, Cyberabad, L.B. Nagar, Ranga Reddy District. Heard and perused the material available on record. The case of the prosecution is that petitioner is the sole accused in S.C. No.285 of 2014 on the file of the Metropolitan Sessions Judge, Cyberabad. The matter was posted to 01.04.2015 for framing of charges and as the petitioner was failed to appear before the trial Court on that day, the trial Court issued NBW against him and posted the matter to 05.06.2015. When the petitioner was present on 05.06.2015 before the trial Court, the trial Court remanded him to judicial custody.

Learned counsel for the petitioner submitted that due to ill health the petitioner could not appear before the trial Court on 01.04.2015 and he has no knowledge about issuance of NBW against him by the trial Court and he appeared on 05.06.2015 under the impression that the matter is coming up for framing of charges. Learned Public Prosecutor opposed the application on the ground that the due to the absence of the petitioner before the trial Court, the proceedings before the trial Court are delayed. Taking into consideration the submission made by the learned Public Prosecutor, this Court is not inclined to grant bail to the petitioner at this stage. However, the petitioner is at liberty to renew his application after framing of charges by the trial Court. Accordingly, the Criminal Petition is dismissed. ______________ RAJA ELANGO, J July 24, 2015.

KTL