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High Court for State of TelanganaCRLP/1465/2016allowed no costs

Amar Bin Hussain Dayin Amar Bai v. The State Of Telangana

2016-02-15C.Praveen Kumar5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY , THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND SIXTEEN :PRESENT:

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRLP .NO:1465 of 2016 Between:

Amar Bin Hussain Dayani @ Amar Bhai, ..... Petitioner/Accused No.6 AND The State of Telangana, rep.by its Public Prosecutor, High Court at Hyderabad,Through The Station House Officer, P.S.Pahadisharief, Hyderabad District.

.....Respondent Petition under Section 438 of Cr.P.C praying that the High Court may be pleased to enlarge the petitioners/Accused No.6 on anticipatory bail in the event of his arrest in connection with Crime No.298 of on the file of the P.S.Pahadisharief, Cyberabad,Ranga Reddy District during the Pendency of inquiry and trial.

The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of MR V. H. V. R. R. SWAMY Advocate for the Petitioner, and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

The petitioner, who is A6 in Crime No.298 of 2015 of Pahadisharief Police Station, Cyberabad, Ranga Reddy District, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime registered for the offences punishable under Sections 406, 409, 420 read with Section 34 of IPC and Section 7 of Essential Commodities Act.

The averments in the F.I.R. would show that one Dharak Shanker Lal, R/o. Esamia Bazar, Hyderabad, was purchasing PDS rice from the petitioner and others and storing the same in one house at Fathima Nagar, Kothapet village, Saroornagar

Mandal and thereafter selling the same at higher price. It is stated that the said items were being supplied to one Sri Kamal who is R/o.Nizamabad. Basing on these allegations, the above crime came to be registered.

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. In similar circumstances, this Court in Crl.P.No.1272 of 2016, granted anticipatory bail to the petitioners on certain terms and conditions. Since the case of the petitioner is some what identical to the case referred to above, his request can be considered on certain terms and conditions.

Accordingly, the Criminal Petition is allowed and the petitioner is directed to surrender before the Station House Officer, Pahadisharief Police Station, Cyberabad, Ranga Reddy District on or before 25.02.2016 and on such appearance, the petitioner shall be released on bail on executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, the petitioner shall report before the Station House Officer, Pahadisharief Police Station, Cyberabad, Ranga Reddy District once in a week i.e., on every Wednesday between 10.00 a.m. and 05.00 p.m., for a period of six weeks or till filing of charge sheet whichever is earlier.

Sd/- K. Onesim ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The 14th Metropolitan Magistrate, Cyberabad at L.B.Nagar

2. The Station House Officer, Pahadisharief Police Station,Ranga Reddy District.

3. Two CCs to the Public Prosecutor (TG), High Court of Judicature at Hyderabad (OUT)

4. One CC to MR V H V R R SWAMY,Advocate (OPUC)

5. One Spare copy Note: The number of the accused is corrected as "A6" instead of "A5" and also the name is corrected as "Amar Bin Hussain Dayin @ Amar Bai" instead of "Amar Bin Hussain Dayani @ Amar Bhai", in the Order dated 15-02-2016 in Crl.P.No. 1465 of 2016 as per Court Order dated 24-02-2016 in Crl.P.MP.No. 2270 of 2016. Substitute, this amended order in place of earlier order which was already dispatched on 16-22016. Sd/- K. Onesim

Asst. Registrar HIGH COURT CPK.J DATED: 15.02.2016 (dated: 24-02-2016) CRL.P.NO.1465 OF 2016 ANTICIPATORY BAIL (amended order)

TRk Dated:16.2.2016 HIGH COURT CPK.J DATED: 15.02.2016 CRL.P.NO.1465 OF 2016

ANTICIPATORY BAIL