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High Court for State of TelanganaCRLP/7770/2022allowed no costs

Sushant Champati v. The State Of Telangana

2022-09-06K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7770 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 who is arrayed as Accused No.1 in Crime Occurrence Report No.53 of 2022 pending on the file of Station House Officer, Prohibition and Excise Station, Medchal registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985.

2.

Heard learned counsel for the petitioner/Accused No.1 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case against the petitioner is that the petitioner was working as security guard, was found in possession of 2.9 kgs of dry ganja. On 29.07.2022 pursuant to the confession of this petitioner, Accused Nos.2 and 3 were also arrested.

4.

Learned counsel for the petitioner submits that the quantity seized is less than commercial quantity and he is languishing in jail since 29.07.2022.

5.

Learned Assistant Public Prosecutor on instructions would submit that there are no other cases similar in nature pending against this petitioner.

6.

Keeping in view that the contraband seized being less than commercial quantity and that there are no other criminal antecedents against this petitioner, he can be granted the relief of regular bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 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 I additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Cyberabad at Medchal-Malkajgiri District at Malkajgiri.

ii) The petitioner/Accused No.1 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 petitioner/Accused No.1 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: 06.09.2022 ns