Mumtaz Banu ,Muntaaz v. The State Of Telangana
THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.515 of 2016 ORDER:
The petitioners -accused Nos. 4 to 6 preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 28.01.2016 passed in Crl.M.P. No.204 of 2016 in Crl.M.P. No.7 of 2016 in Crime No.46 of 2014 by the II Additional Metropolitan Sessions Judge, Nampally, Hyderabad.
The petitioners are accused Nos.4 to 6 in Crime No.46 of 2015 on the file of Women Police Station, Hyderabad, registered for the offences under Sections 498-A and 406 IPC and 4 & 6 of the Dowry Prohibition Act. They obtained anticipatory bail vide order, dated 13.01.2016, passed in Crl.M.P. No.07 of 2016 by the II Additional Metropolitan Sessions Judge, Hyderabad. While granting bail to the petitioners, the learned Sessions Judge, directed the petitioners to surrender before the Station House Officer, Women Police Station, CCS, Hyderabad, within 10 days from the date of that order and also to execute self bond for Rs.10,000/- each with two sureties for the like sum each to the satisfaction of the SHO concerned. The learned Sessions Judge further directed the petitioners to appear before the SHO concerned, on every Sunday between 9.
00 am and 5.00 pm, for a period of six weeks from the date of that order or till filing of charge sheet, whichever is earlier and also surrender their passports, if any, before the SHO concerned. Thereafter, the petitioners filed Crl.M.P. No.07 of 2016 before the Court below to reduce the surety amount and also to extend the time to surrender. The Court below dismissed the said application through the impugned order.
Heard and perused the material available on record.
Learned counsel for the petitioners submitted that the petitioners 1 and 2 are housewives and the 3rd petitioner is a private employee and therefore, they are not able to execute the bonds and to get the sureties for the amount ordered by the Court below and hence, he requested to reduce the surety amount and also to extend the time to surrender the petitioners before the SHO concerned.
Considering the submissions of the learned counsel for the petitioners and also considering the facts and circumstances of the case, the order, dated 28.01.2016, passed in Crl.M.P. No.204 of 2016 in Crl.M.P. No.07 of 2016 in Cr.No.46 of 2014, by the II Additional Metropolitan Sessions Judge, Hyderabad, is set aside and the order, dated 13.01.2016, passed in Crl.M.P. No.07 of 2016 in Cr.No.46 of 2014, by the II Additional Metropolitan Sessions Judge, Hyderabad, is modified as follows:
The petitioners are directed to surrender before the Station House Officer, WPS, CCS, Hyderabad on or before 29.02.2016 and on such surrender they shall be released on bail on their executing personal bond for Rs.3,000/- (Rupees three thousand only) each with one surety for the like sum each to the satisfaction of the said SHO. The other conditions in order, dated 13.01.2016, in Crl.M.P. No.07 of 2016 in Cr.No.46 of 2014 passed by the Court below shall stand unaltered. With the above modification, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ________________ RAJA ELANGO, J February 11, 2016.
KTL