Shaik Aleem Pasha , Shaik Aleem v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.3468 OF 2022 AND COMMON ORDER:

These two Criminal Petitions are filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") by the petitioner, who is figured as Accused No.6 in Crime No.102 of 2021 and Accused No.3 in Crime No.103 of 2021 seeking to enlarge him on bail in connection with Crime Nos.102 of 2021 and 103 of 2021 on the file of Station House Officer, Ichoda Police Station, Adilabad District registered for the offences punishable under Sections 147, 148, 302, 307, 120(b), 448, 427 read with Section 149 of Indian Penal Code (IPC) respectively.

2.

As the petitioner is Accused No.6 in Crime No.102 of 2021 and Accused No.3 in Crime No.103 of 2021, the criminal petitions are disposed off under common order.

3.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

4.

In both the crimes the allegation against the petitioner is that he was one of the member of the 18 persons who formed into unlawful assembly and attacked the deceased.

5.

As seen from the charge sheet no specific overtact is attributed to this petitioner except mentioning that he was part of the unlawful assembly which group indulged in attacking at three different places.

6.

Learned counsel for the petitioner submits that the petitioner is a student of M.Sc. Agronomy and the examinations are scheduled from 21.04.2022 and he filed proof of the petitioner being a student and also the examinations being conducted from 21.04.2022. In the said circumstances, this court is inclined to grant bail to the petitioner/Accused.

7.

Learned Assistant Public Prosecutor submits there are two groups in Gundala Village and the situation in the said village is tensed between those two groups, as such, any condition may be imposed on the petitioner/Accused.

8.

Accordingly, both the Criminal Petitions are allowed and the petitioner/Accused is granted bail subject to the following conditions: i) The petitioner/Accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate at Boath, in both cases.

ii) The petitioner/Accused shall appear before the trial Court on every date of hearing.

iii) The petitioner/Accused is further directed to stay outside the limits of Ichoda Police Station for a period of three months. iv) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

9.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed _____________ K.SURENDER, J Date: 18.04.2022 ns