Mohammad Ahmad Jani v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
ATHYDERABAD /.
TTIESDAY ,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND ANDNINETEEN :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7822 OF 2012_,-- Between:
Mohammad Ahmad Jani, S/o. Miya Jani Petitioner/Accused AND The State of Telangana, Through P.S. Sangareddy (Rural). Rep by its Publi€fr-secutor, High Court at Hyderabad.
Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High.Court may be pleased to enlarge the Petitioner/Accused on bail in connection with the liulrN6. of 2019, Dt 24/0912019 on the file of the Police Station Sangareddy Rural, Sangareddy District, in the interest ofJustice The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing-the argumenti-affi PALLE SzuHARINATH Advocate for the Petitioner, THE PUBLIC PROSECUTOR for the Respondent and the Court made the following.
ORDER
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HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO,7822 OF 2019 ORDER:
The petitioner/ accused filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No.271 of 2019 ol P.S. Sangareddy Rural, which was registered for the offence punishable under Section 307 of the Indian Penal Code.
The allegation against the petitioner/accused is that on 24.09.2019 at about 8.30 hours, the complainant, Mohd. Mathin, lodged a report '"r,ith police Sangareddy Rural, alleging that as his brother-in-law by name Mahaboob Jani and his wife Nazeera Begum were died, he took their children by name, Fathima, Thabusam and Irfan to Patancheru and the father of his brotherin-law by name Miyajani ca11ed him by phone and forced him to send his grand children to their village, that on 23.09.2O19, when his elder son b-"* name Md. Younus went to Tallapally Village to discuss the same, the petitioner/ accused went there and abused his elder son in filthy language and stabbed him with a knife and thereby committed an offence punishable under Section 307 IPC. Learned Additional Pubiic Prosecutor opposed to grant bail to the petitioner/ accused.
Learned counsel for the petitioner/accused submits that the petitioner/ accused is innocent of the offence and no way concerned with the alleged offence. Even if the allegations in the complaint are looked into, no specific overt acts are attributed 'r-.* ""r-----::l.ip
against the petitioner except giving a vague complaint that the petitioner/ accused is trying to kill his son. It is further submitted that there are family disputes between the families of the complainant petitioner/accused and regarding children of It is further submitted that the petitioner's brother.
petitioner/ accused is suffering from il1-health and taken treatment at Medicure Hospital, Shankarpally and admitted as inpatient on 10.10.2019 and discharged on 12.10.2019 and heeds regular treatment. It is further submitted that on false allegation, the police registered a case under Section 3O7 IPC and the petitioner/accused voluntarily surrendered himself before the Court below orr 24.70.2019 and since then, he is in judicial custody for more than 40 days. It is further submitted that the entire investigation is completed, all the material witnesses are examined and except fi1ing of charge sheet, nothing remains and as such the question of absconding or evading the trial by the petitioner/ accused does not arise.
days of the incident, I am inclined to grant bail to the N { I petitioner/ accused.
The Criminal Petition is allowed and the petitioner/ accused shall be released on bail on the following terms and conditions: (i) That the petitioner/ accused shall execute a personal bond for Rs. 15,000/- (Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the Additional Judicial First Class Magistrate at Sangareddy, Sangareddy District.
(ii) that the petitioner/ accused shall not tamper with the prosecution witnesses;
(iii) that the petitioner/accused shall co-operate with the investigating agency.
(iv) that the petitioner/ accused shall not misuse the libertSz granted to him.
(u) That the petitioner/ accused shall appear personally before the Court below on each and every adjournment till the conclusion of trial.
Miscellaneous applications pending, if any, shall stand closed Sd/- M. VIANJULA ASSISI'ANT RIIGI RAI{ //TRUE COPY// FoT ASSISTANT REGISTRAR To, The Special Judge for trial of Offences under the I Schedt.led Castes and Scheduled Tribes (POA) Act, 1969 cum V Additional Session Judge ypAak at Sanga Reddy gfreddy Disrrict The Superintendent, District prison at Sangareddy, San ONE CC tO SRI. PALLE SRI}IARINA TH Advocate [O],UCI Two CC's to Public Prosecutor, High Court for the State ofTelangana at Hyderabad (OUT)
5. One spare copl, Avs a
HIGH COURT GSDJ DATED:24112t2019
ORDER
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