Mohammad Abdul Khaliq , Juber v. The State Of Ts
/ HIGH COURT FOR THE STATE OF TELANGANA AT HYDER,ABAD WEDNESDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND NINETEEN *:I\ \.
:PRESENT:
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI CRL.P. NO: 2667 OF 2OL9 Between:
Mohammad Abdul Khaliq @ Juber, S/o. lYohammad Abdul Hannan Petitio n e r/Accu sed AND The State ofTelangana Rep., its Public Prosecutor, High Court ofTelangana at Hyderabad.
.....Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to enlarge the petitioner on bail in FIR NO.54 OF 2019, dated 04-02-2019, of P.S.BALAPUR to enlarge the petition e r/Accused No.4. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri G RAJESHWAR RAO, Advocate for the Petitioner, and of Public Prosecutor for the respondent, the Court made the following.
ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI CRIMINAL PtrTITION NO.2667 OF 2019 ORDER:
This Criminal Petition is hled seeking grant of bail to the petitioner-accused No.4 in Crime No.54 of 2Ol9 on the file of the P.S. Balapur, Rachakonda District, for the offences under Sections 3O2,2Ol and 120-B read with Section 34 of the Indian Penal Code. It has been contended bV th1 petitioner that he has been falsely implicated as accused No.4 in the above said crime. The petitioner further contended that accused No. I to 3 have already been released on bail by the Court below but the case of the petitioner for grani of bail was not considered by the Court below and the petition fiied by the petitioner for grant of regular bail was dismissed vide orders dated 03.05.2019. The petitioner submitted that he was arrested on 15.02.2O19 and since then he is in custody. The petitioner further submits that he is a iaw-abiding citizen and would co-operate with the investigating authorities as and when required and the bail application of the petitioner be considered on certain conditions which are deemed appropriate by this Court.
Learned Public Prosecutor contended that the case against the petitioner was registered in Crime No.54 of 2Ol9 of P.S. Balapur but the petitioner is being charged only for the offence under Section 201 of the Indian Penal Code. Therefore, the case of the petitioner for grant of bail can be considered, as the Court below has already granted bail in favour of accused Nos. 1 to 3, however, by imposing certain conditions, which this Court may deem appropriate.
This Court, having considered the rival submissions made by the parties, is of the considered view that the.case of the petitioner can be considered for grant of bail.
Accordingly, the Criminal Petition . is allowed. The petitioner/A-4 is directed to be enlarged on bail, on condition of his executing a personal bond for a sum of Rs.10,0O0/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar. Further, on such release, the petitioner/A-4 is directed to appear before the Station House Officer, Balapur Police Station, Rachakonda, on the first day of every month.
Miscellaneous petitions, if any, pending shall stand closed. \ SD/. T.SRINIVAS ASSISTA TR STRAR //TRUE COPY ll FoT ASSISTAN REGISTRAR To
1. The Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L,B.Nagar
2. The V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge Cyberabad at L.B.Nagar The Superintendent, Cherlapally Jail, R.R District The Station House Officer, Police Station, BALAPUR, Hyderabad Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT) One CC to Sri G RAJESHWAR RAO, Advocate (OPUC) One spare copy.
HIGH COURT AKS,J DATED: 15.05.2019 ORDER:
o'i $ :4 .L ds\ \ cRL . NO:2567 of 2019 P th .L rH+ BAIL ;