Tahir And 4 Others v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos. 5450, 5470 and 5486 of 2022 COMMON ORDER:

These Criminal Petitions are filed under Section 437 & 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioners/A1, A3 & A4 in Crl.P.No.5450 of 2022, petitioners/A2, A6 to A9 in Crl.P.No.5470 of 2022 and petitioner/A5 in Crl.P.No.5486 of 2022, on bail in connection with Crime No.83 of 2022, on the file of Nakrekal Police Station, Nalgonda District. 2.

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

3.

The case of the prosecution is that when Accused Nos.1 to 3 were travelling in a Swift Dezire car, 10 kgs. of ganja was recovered; and that in the other car which is TATA Safari, 14 kgs. of ganja was recovered in which Accused Nos.4 to 9 were travelling.

4.

Learned Counsel for petitioners submits that there are no cases which are registered for the offences under Section

NDPS Act, pending against these petitioners and the quantity seized is less than the commercial quantity.

5.

Learned Assistant Public Prosecutor submits that these petitioners are involved in other cases registered for the offences under Section 357 and 380 of Indian Penal Code; and that since they hail from Uttarpradesh, it is difficult to trace them if they abscond.

6.

However, since the petitioners are already on bail and that the crimes were registered against these petitioners on the basis of confession, as submitted by the learned counsel for petitioners, these petitioners can be granted bail on the following conditions.

i. the petitioners/ A1 to A9 are directed to be released on bail on their executing personal bond for Rs.75,000/- (Rupees Seventy Five Thousand only) each with two sureties for a like sum each, among which one is local surety and the other is native surety (Uttarpradesh), to the satisfaction of I Additional District and Sessions Judge at Nalgonda, Nalgonda District.

ii. On such release, the petitioners/A1 to A9 shall appear before the concerned Police Station, every day for a period of one month for the purpose of investigation.

iii. The petitioners/A1 to A9 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C. 7.

Accordingly, all the Criminal Petitions are allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER, J Date :04.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos. 5450, 5470 and 5486 of 2022 Dt.04.07.2022 tk