Padiyamal Haldhar v. The State Of Telangana
[3rs8 ] HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD s TUESDAY, THE EIGHTEENTH DAY OF JLINE TWO THOUSAND AND NINETEEN SF eb ^ o = c) :PRESENT:
THE HON'BLE JUSTICE G SRI DEVI CRINI|NAL PEI'ITION NO: 2989 OF 2019 BehYeen:
Padiyamal Haldhar, S/o. Nagan Haldhar, ....Petitioner/Accused No.3 AND The State ofTelangana, Rep. by its Public Prosecutor High Court at Hyderabad for the state of Telangana ....Respondent Petition under Sections 437 & 439 of CI.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/accused No.03 on bail in Crime No. 13712019 on the file of the P.S.Bhadrachalm Town dated 14.05.2019 The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.MURALI MANOHAR REDDY Advocate for the Petitioner and PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.
ORDER
T]IIE HON'BLE JUSTICE G. SRI DEVI ORIMINAL PETITION No.2989 OF 2019 ORDER:
The petitioner, who is Accused No.3, has fi1ed the present application under Sections 437 and 439 of Cr.P.C., seeking enlargement on bail in Crime No.137 of 2019 of Bhadrachalam Town Police Station, Bhadradri-Kothagudem District, registered for the offence punishable under Section 8(c) read with Section 2O(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2.
The facts on record would disclose that on 14.05.2019 at 6.00 p.m., the Sub-lnspector of Police, Bhadrachalam Town Police Station, along with his staff, while conducting vehicle check at Election Check Post, Kunavaram Road, Bhadrachalam, conducted checking of one RTC Bus bearing Service No. 1234 (TS 342 0O17) of Parigi Depot coming from Kunavaram side to Bhadrachalam, and seized huge quantity of Ganza from Accused Nos.1 to 5. Basing on the confession and seizure panchanama, the police have registered the aforesaid crime against A. 1 to A.5 for the aforesaid offences under the NDPS Act.
3.
It is contended that the alleged Ganja seized from the possession of the petitioner/A.3 is only 12.4 kgs and, in fact, the petitioner is nothing to do with the alleged offence. It is further contended that though it is alleged that the petitioner/A.3 was apprehended in the RTC Bus belonging to Parigi Depot, the police did not produce anv bus ticket seized either from the petitioner or any other accused in the present crime. It is further contended that the petitioner/A.3 is a daily wage labourer living in Bhadrachalam and
he never indulged in any crime and this is the first case registered against him and he is nothing to do with the alleged setzed Gaoza and the Police apprehended him on the road and falsely implicated in the present crime. It is further contended that no specific allegations are made against A3 in the above crime with regard to the alleged contraband, except stating that the same is recovered from him. It is contended that petitioner/A.3 was arrested and produced before the Magistrate concerned on 15.05.2019 and since then he is languishing in judicial custody. It is also submitted that the earlier bail application fi1ed by the petitioner was dismissed by the Court below vide order dated 4.6.2019 in CrI.MP.No.425 of 2019. 4.
According to the learned counsel for the petitioner/A3, nothing has been seized from the possession of petitioner/A3 and investigation is completed and in view of the same, there is no justification to continue the petitioner in judicial custody. 5.
The learned Additional Public Prosecutor vehemently opposed the above bail application on the ground that petitioner/A.3 belongs to Maharashtra State and if he is released on bail, there is every chance of his absconding and, therefore, the police requires the custody of the petitioner. According to the learned Additional Public Prosecutor, if the petitioner is released, he may indulge in similar activities.
6.
By taking into consideration the facts and circumstances of the case, since the co-accused in the above crime was already released on bail and the alleged contraband seized from the possession of A3 is only 12.4 kgs., I am inclined to release the petitioner/A3 on bail.
7.
Accordingly, the Criminal Petition is allowed and the petitioner/A3 shall be released on bail on the following terms and conditions:
(i) The petitioner/A.3 is directed to be enlarged on bail upon furnishing a personal bond for a sum of Rs. 15,00O (Rupees fifteen thousand only) with two local sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Bhadrachalam.
(ii) The petitioner/A.3 shall report before the Station House Officer, Bhadrachalam Town Police Station, on every Saturday between 9.OO a.m. and 10.O0 a.m.
(iii) That the petitioner/A.3 shall not indulge in any similar type of activities, in future.
(iv) That the petitioner/A.3 shall not tamper with the prosecution witnesses and shall cooperate with the investigation agency.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
SD/. CH.VENKATESW A U ASSISTANT Gls R //TRUE COPY// For ASSIS'f RDGISTRA,R To I . The Special Sessions Judge for the Trial of Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge at Khamnlam
2. The Judicial First Class Magistrate at Bhadrachalam.
3. The Superintendent, District Jail, Khammam
4. The Station House Officer, Bhadrachalam Town Police Station, Bhadradri-Kothagudem District
5. One CC to SRI. N MURALI MANOHAR REDDY Advocate [OPUC]
6. Two CCs PUBLIC PROSECUTOR (TG), high Court at Hyderabad (OUT)
7. One spare copy
t HIGH COURT / GSD,J DATED: 18.6.2019 CRI.P.N0.2989 0F 20le BAIL .,$