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High Court for State of TelanganaCRLP/6334/2022allowed no costs

Mohd Afroz v. The State Of Telangana

2022-07-19K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6334 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners who are arrayed as Accused Nos.1 and 3 in Crime No.984 of 2021 on the file of Station House Officer, Hayathnagar Police Station, Vanasthalipuram, Rachakonda registered for the offence punishable under Section 20(II)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Heard learned counsel for the petitioners/Accused Nos.1 and 3 and the learned Public Prosecutor for the respondent-State. Perused the record.

3.

The case against the petitioners is about illegal transport of Hashish Oil involving 4 kgs and 775 grams. The quantity is commercial quantity.

4.

The petitioners who are Accused Nos.1 and 3 along with Accused No.2 filed an application under Section 167(2) of Cr.P.C. seeking default bail vide Crl.M.P.No.1783 of 2022 before the

Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar and the same is dismissed on 28.06.2022. Accused No.2 moved this Court vide Crl.Petition No.3654 of questioning the Crl.M.P.No.1783 of 2022 wherein statutory bail to the Accused was refused. This Court by order dated 29.06.2022 has set aside the order in Crl.M.P.No.1783 of 2022 and granted bail to the Accused No.2, for which reason, these petitioners would also be entitled for bail.

5.

Accordingly, this Criminal Petition is allowed and the petitioners/Accused Nos.1 and 3 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 3 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each to the satisfaction of Metropolitan Sessions Judge, Cyberabad, R.R.District at L.B.Nagar. ii) The petitioners/Accused Nos.1 and 3 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet, whichever is earlier.

iii) The petitioners/Accused Nos.1 and 3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 19.07.2022 ns