Shaik Arbaaz v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3829 OF 2022 ORDER:

This criminal petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.10 in connection with crime No.243 of 2021 on the file of Station House Officer, Chaderghat Police Station, Sultan Bazaar Division, wherein the petitioner/Accused No.10 is alleged to have committed the offences punishable under Sections 302, 201, 120(b), 147 and 148 read with Section 149 of Indian Penal Code.

2.

Heard the learned counsel for the petitioner/Accused No.10 and the learned Assistant Public Prosecutor for the respondentState. Perused the record. 3.

The case of the prosecution is that a group of accused attacked the deceased causing grievous injuries resulting in his instantaneous death.

4.

The First Information Report was registered against the Accused Nos.1 to 9 and the police arrested Accused Nos.1 to 4 and Accused Nos.6 and 9 and remanded them to judicial custody on 20.07.2021, but the name of the petitioner/Accused No.10 is not reflecting in the said remand report. Subsequently, the police arrested Accused No.8 and remanded him to judicial custody on 24.07.2021, even in the said report though the confessions of the arrested accused was taken, the name of the petitioner is not reflected. However, the petitioner was arrested on 18.02.2022 on the basis of confession of Accused Nos.5 and 7. However, in the three remand reports, there are no specific overtacts attributed to petitioner/Accused No.10, for which reason, the petitioner/Accused No.10 being in jail since 18.02.2022, the petitioner/Accused No.10 can be granted bail.

5.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.10 is granted bail subject to the following conditions:

i) The petitioner/Accused No.10 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 VIII Additional Chief Metropolitan Magistrate, Hyderabad. ii) The petitioner/Accused No.10 shall appear before the Station House Officer, Chaderghat Police Station, Sultan Bazaar Division, on every Monday and Friday between 10.00 a.m. and 1.00 p.m. for a period of three (03) months or until filing of charge sheet. iii) The petitioner/Accused No.10 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 27.04.2022 ns