Linga Bhasker Rao, v. Linga Subba Rao, And Another,
HIGH COURT FOR THE STATE OF TELANGANA :HYDERABAD MAIN CASE NO: Crl.R.C.No.1285 OF 2012 PROCEEDING SHEET EVV,J 07.01.2025 Transferre d to I/O folder before correction I.A.No.1 of 2025 This application is filed to release petitioner/accused on bail by suspending the operation of judgment dated 21.02.2024 in this revision by granting extension of time for a period of two weeks to comply with the orders passed therein.
Learned counsel for the petitioner would submit that this Court has disposed of the Crl.R.C No.1285 of 2012 on 21.02.2024 directing the petitioner to deposit an amount of Rs.5,00,000/- to the credit of the trial Court within six months from the date of receipt of a copy of the order, while giving set off to the period of imprisonment already undergone by him.
It is further submitted that due to financial dearth, the revision petitioner did not procure the amount and accordingly, he was incapacity to comply the order passed by this Court and accordingly he has been taken into custody on
13.12.2024 and has been languishing in the jail since then.
It is further submitted that the revision petitioner, thereafter could able to procure the funds and accordingly a Demand Draft dated 17.12.2024 for a sum of Rs.5,00,000/- has been taken out from HDFC Bank, Khammam branch in favour of the de-facto complainant. It is pertinent to note that the revision petitioner having been taken into custody on 13.12.2024, could able to procure the money only after four days that itself demonstrate the financial incapacity revision petitioner. However, learned counsel for the revision petitioner would submit that no useful purpose would serve to the de-facto complainant if favourable orders passed in this application. Hence, seeks to allow this petition.
Learned counsel for the unofficial respondent strongly opposed and submits that the unofficial respondent - de-facto complainant has suffered at the hands of the revision petitioner and seeks to dismiss the petition.
Having heard both learned counsel, this Court is of the opinion that the revision petitioner ought to have
complied with the order passed by this Court and it is made clear in the said order that in default of payment of the said amount, judgment dated 30.07.2012 in Crl.A.No.109 of 2012, passed by the learned Special Judge for trial of offences under SCs & STs (POA) Act -cum- VI Additional Metropolitan Sessions Judge, Secunderabad stands good in all respects.
This Court, upon perusing the date of demand draft taken out by the revision petitioner herein and the date of taken into custody, this Court deems it proper to take lenient view keeping the financial incapacity revision petitioner, accordingly, is inclined to grant further extension of time for a period of two (02) weeks with a condition that the revision petitioner shall deposit an amount of Rs.5,55,000/- to the credit of the CC No.69 of 2011 on the file of the learned X Special Magistrate, Hyderabad (for short 'trial Court'), and upon such deposit, the learned trial Court is directed to release revision petitioner from judicial remand. Out of such deposit, the unofficial respondentde-facto complainant is permitted to withdraw an
amount Rs.5,50,000/- to satisfaction of the trial Court and the remaining Rs.5,000/- shall be remitted to the State.
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