Shaik Azher Aslam v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9552 OF 2023 ORDER:

1.

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/Accused Nos.2 and 3 in Crime.No.749 of 2023 on the file of Banjara Hills Police Station, Hyderabad, registered for the offence under Section 307 r/w. 34 of IPC and Section 25(1) (a) of Arms Act. 2.

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

3.

It is the case of the Banjara Hills Police that these petitioners who are arrayed as A-2 and A-3 accompanied A-1 and A-4 and attacked injured de-facto complainant. The reason for attack as alleged in the complaint is that A-1 was reprimanded by the de-facto complainant previously.

Keeping the same in mind, A-1 along with A-2 to A-4 attacked injured.

4.

Learned Additional Public Prosecutor on instructions would submit that injured was already discharged from the hospital.

5.

Even according to the remand report, both the petitioners are students aged 19 years. As seen from the remand report, since witnesses were examined and major part of the investigation is complete, this Court deems it appropriate to grant the relief of regular bail to the petitioners, subject to following conditions: i) The petitioners/Accused Nos.2 and 3 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, for a like sum each to the satisfaction of III Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioners/Accused Nos.2 and 3 after release shall appear before the concerned Station House Officer at 10:00 a.m. everyday for a period of two weeks, for the purpose of investigation and thereafter, as and when required.

iii) The petitioners/Accused Nos.2 and 3 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 03.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9552 OF 2023 Dt.03.10.2023 dv