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High Court for State of TelanganaCRLP/7034/2022allowed no costs

Rayala Balakrishna v. The State Of Telangana

2022-09-01K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7034 OF 2022 ORDER:

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 petitioner/Accused in connection with S.C.No.04 of 2022 on the file of I Additional District Judge, Warangal, in Crime No.77 of 2021 on the file of Warangal Railway Police Station, Warangal, registered for the offences punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

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

3.

This Court by order dated 19.04.2022 directed the trial Court to complete the process of trial within a period of four months. However, the Court has failed to examine any witnesses. 4.

The petitioner is in jail since 22.08.2021 having been found with 70 Kgs. of ganja in suitcases.

5.

Learned Counsel for the petitioner submits that he has been falsely implicated and that he has nothing to do with the suitcases

that were seized. Further, the mandatory provisions under Section 42 and 50 were not followed.

6.

Learned Assistant Public Prosecutor submits that there are no other cases pending against this petitioner. 7.

Keeping in view that the petitioner is in jail since 22.08.2021 and the trial Court is not commencing the trial inspite of the orders of this Court, the petitioner can be granted the relief of bail subject to the following conditions:

i) The petitioner/Accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of I Additional District Judge at Warangal.

ii) The petitioner/Accused, after release shall appear before the concerned Court, on every date of hearing. iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 01.09.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7034 OF 2022 Dt.01.09.2022 tk