Seshagiri Rao v. Ponangipalli Venkata Ramana Rao
[ 26es ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO :PRESENT:
THE HON'BLE SRI JUSTICE K.LAKSHMAIY IA No.4 OF 2021 '
IN CRL.R.C. NO: 377 OF 2021 Between: // I.Seshagiri Rao, S/o Late I.Subba Rao,
...Petitioner/Appellant/Accused
(Petitioner in Crl.R.C. No.377 of 2021 on the file of High Court) ,\\D l. Ponangipalli Venkara Ramana Rao, S/o Late P.Nagabhushana Rao, Occ: Business, Aged about 64 years R/o Nairobi, Kenya, Rep. by Power of Attomey Mr. K.Shanker Singh Sio. late K.Ananth Ram Singh, Aged about 62 years, R/o. Flat No. 104, Pasham Santhaiah Apartment. Himayatnagar, Hyderabad.
2. The State of Telangana. Rep. by through P.P., High Court at Hyderabad. Respondents/Respondents (Respondents in-do-) Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed in Crl.R.C., the High Court may be pleased to fu(her extend the time to deposit the money above Crl.Rc.No.377 of 2021, pending disposal of CrlRc.No.377 of 2021, on the file of the High Court IA.No.1 of 2021 Petition under Section 397(l) of Cr.P.C praying that in the circumstances stated in the grounds filed in Crl.R.C., the High Court may be pleased to suspend the judgment in C.C.No. 123 of 2014 dated 05.07.2016 on the file of X Special Magistrate, Hyderabad (presently transferred to VI Additional Chief Metropolitan Magistrate Court, Hyderabad) which was confirmed in Crl.A.No. 658 of 2016 on the file of II Additional Metropolitan Magistrate Sessions Judge, Hyderabad. dated I1.06.2021, pending disposal of Crl.R.C. No.377 of 2021, on the file of the High Court.
The petition coming on for hearing. upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 13-07 -2021 made in IA.No.l of202l and order dated 12.08.2021 and order dated 30.09.2021 made in IA.No.3 of 2021 utd upon hearing the arguments ol Sri.K.Sai Babu, Advocate for the Petitioner and PUBLIC PROSECUTOR for Respondent No.2, M/S N.A. JAIRAJ Advocate for Respondent No. l, the court made the following
ORDER
This Court vide order dated 30.09.2021 in I.A.No.3 of 2O2L recording the statement of Sri K.Sai Babu, learned counsel for the petitioner/accused that the petitioner/accused underwent treatment for heart ailment and therefore, he could not deposit the said amount ordered by this Court within the time stipulated and learned counsel for the petitioner has assured this Court that the petitioner/ accused would deposit the said amount ordered by this Court
within three weeks from 30.O9.2021, extended time for a period of three weeks from 30.09.2021. The petitioner herein has filed the present application seeking extension of time on the ground that the petitioner herein has underwent by-pass surgery and also suffering from old age ailments. In proof of the same, he filed certificate dated 18.10.2021 issued by AIG Hospitals, Hyderabad.
Learned counsel for the petitioner/accused would submit that the petitioner/accused will positively deposit the said amount by 19.O2.2O22. . Sri N.A.Jai Raj, learned counsel for the de facto complainant vehemently opposed for extension of time on the ground that the petitioner failed to keep his promise four times.
On the assurance of Sri K.Sai Babu, learned counsel for the petitioner, considering the reasons mentioned by the petitioner herein, time granted by this Court and extended on 30.O9.2021 as extended till 22.02.2022. However, it is made clear that if the petitioner fails to deposit the said amount on or before 22 .02.2022, the bail granted by this Court will stand cancelled automatically.
List on 22.02.2022 under the same caption. In the mean while, learned counsel for the petitioner shall proof of deposit. Accordingly, I.A. is ordered.
Sd/. L.LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPY/I v NO SECTIO FFICER To l. The VI Addl. Chief Metropolitan Magistrate Court, Hyderabad.
2. The II Additional Metropolitan Sessions Judge, at Hyderabad.
3. The X Special Magistrate Court at Hyderabad.
4. One CC to Sri.K.Sai Babu, Advocate [OPUC]
5. One CC to M/s. N.A. Jairaj; Advocate (OPUC)
6. Two CCs Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)
7. One spare copy
HIGH COURT KL.J DATED:15.02.2022 NOTE: LIST ON 22.02.2022 LA.NO.4 0F 2021 IN CRL.RC.NO.377 0F 202r EXTF],NSION OF TINIE '!
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