Mohammed Javeed Shaik , Shaik v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1586 of 2015 ORDER:

The petitioner, who is accused No.2, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in S.C.No.551 of 2014 on the file of the VII Additional Metropolitan Sessions Judge, Hyderabad. A charge sheet came to be filed against the petitioner and others for the offences punishable under Sections 147, 148, 302, 435 and 153 (A) read with 149 IPC.

Earlier the petitioner herein moved an application for bail vide Criminal Petition No.12276 of 2014 which was dismissed on 08.10.2014. While dismissing the bail application, this Court advised the Sessions Judge concerned to complete the trial as expeditiously as possible preferably within a period of four months from the date of committal. In case the trial could not be completed within a reasonable time, the petitioner was advised to renew his request before the trial Court itself. Pursuant to the said order, the petitioner moved an application before the trial Court, which was dismissed on 18.02.2015. Aggrieved by the same, the present Criminal petition is filed.

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. Learned counsel for the petitioner submits that the other accused who are standing on the same footing as that of the petitioner are already released on bail and since the passport of the petitioner is also seized, seeks for bail on any conditions.

Learned Public Prosecutor opposed the application contending that the petitioner is involved in three cases and if he is released on bail there is every possibility of he evading the process of law. He further submits that the petitioner jumped bail and he returned to India only on 20.07.2013 and with great difficulty he was arrested on 17.06.2014. Apart from that the public Prosecutor on instructions submits that the case is being adjourned from time to time at the instance of the petitioner. According to him, the petitioner is neither willing to engage counsel nor accepting the legal aid provided by the Court. Therefore, it cannot be said that the delay in disposal of the case is at the instance of the prosecution or the Court.

Having regard to the said circumstances, I am not inclined to consider the request of the petitioner.

Accordingly, the Criminal Petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 10.03.2015 gkv