Mirza Mujaheed Baig v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5537 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/A1 on bail in connection with Crime No.191 of 2022, on the file of Shamirpet Police Station, Pet Basheerabad Division, Cyberabad, registered for the offences punishable under Sections 342 and 392 of Indian Penal Code.

2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that this petitioner and four others intercepted the defacto complainant who was going in a lorry, and snatched cash bag of Rs.3 lakhs and also cell phone. Aggrieved by the same, the defacto complainant filed complaint on 05.06.2022, which was registered for the offences under Section 342 and 392 of Indian Penal Code. The petitioner was sent to judicial custody on 11.06.2022 and no police custody was sought for the purpose of investigation.

4.

Learned Counsel for the petitioner submits that this petitioner is falsely implicated, he has no other questionable antecedents and he is in jail since 11.06.2022. He also submits that petitioner's family members are dependent on the earnings of the petitioner for living.

5.

Learned Assistant Public Prosecutor submits that during the course of investigation six witnesses were examined and seizures were also affected. However, charge sheet is not yet filed.

6.

As seen from the Remand Report, the amount said to have been snatched was already recovered and also cell phone of the defacto complainant was also recovered. 7.

In the said circumstances, when there are no other criminal cases pending against this petitioner/A1, he can be released on bail subject to following conditions: i. The petitioner/A1 is directed to be released on bail on his executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of VII Additional Metropolitan Magistrate at Medchal.

ii. On such release, the petitioner/A1 shall appear before the concerned Station House Officer on every Monday between 10.30 a.m. to 1.00 p.m. for a period of two months or till filing of charge sheet whichever is earlier, for the purpose of investigation.

iii. The petitioner/A1 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER, J Date :13.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 5537 of 2022 Dt.13.07.2022 tk