Ameer Faisal v. The State Of Telangana
[31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
ATHYDERABAD WEDNE s D Ay,rHE ELEVENT" TJ}il?!3*cEMB ER rwo rHou SAND AND :PRESENT:
THE HONOURABLE JUSTICE G SRIDEVI - CRIMINAL PETITION NO: 7854 OF 2019 - Betw'een:
Ameer Faisal, S/o Lukman Anwar Petitioner/Accu5sfl ^, / AND The State of Telangana, Rep by its Public Prosecutor, 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 or Accused No.1 on bail in PRC.No. 62 of 2016 pending on the file of VI Addl. Chief Metropolitan Magistrate, Hyderabad pending disposal of trail The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MOHD MUZAI'FER ULLAH KHAN Advocate for the Petitioner, TI{E PUBLIC PROSECUTOR for the Respondent and the Court made the following.
ORDER
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7854 of 2019 ORDER:
The petitioner-Al filed the present application under Sections 437 and439 of the Code of Criminal Procedure, seeking to grant bail to him in P.R.C.No.62 of 2016 on the file of Vl Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 489-8 and 489-C lPC.
2.
The case of the prosecution is that on 05.02.2014 at about 11.30 hours, while the Sub-lnspector of Police, Langer House Police Station, and his staff were conducting vehicle check near Sha Ghouse Hotel, Tolichowki, Hyderabad, they found the petitioner/Al on suspicious manner, and on his apprehension, A1 revealed that he is in possession of bundle of thousand rupee fake lndian currency, which was procured from his friend Dinesh-A2, tor exchanging the same, and he was waiting for a party. Thereafter, the police seized the said currency and registered a case tn Cr.No.59 ol 2014 on the file of Langer House Police Station, Hyderabad, for the offences under Sections 489(B) and 489(C) lPC. 3.
Learned counsel for the petitioneriA'l submits that after completion of investigation, the police filed charge sheet and the same was numbered as P.R.C.No.62 of 2016, wherein NBWs were issued to the petitioner on 03.05.2018 due to his non-appearance, and thereupon, he filed Crl.P.No.7204 of 2019 seeking to recall the NBW pending against him, and this Court, by order dated 11.11.2019, directed him to surrender before the concerned Court-'and file a recall petition within seven days, and thereafter, the
petitioner surrendered before the Court below and filed a recall petition on 15.11.2019, but the same was dismissed by remanding him to judicial custody, and subsequently, he filed a regular bail application before the ll Additional tt/etropolitan Sessions Judge, Hyderabad, but the same was also dismissed on 29.11.2019. Learned counsel fu(her submits that mere issuance of NBW against the petitioner does not amount to cancellation of bail as per the decision of this Court in Dasari Satyanarayana v. State of Andhra Pradeshr and the Court below has failed to take into consideration the said principle of law and erroneously dismissed the recall petition as well as regular bail application. He also submits that the petitioner is ready to abide by any condition imposed by this Court. 4.
Learned Additional Public Prosecutor vehemently opposed to grant bail to the petitioner/A1 .
5. ln view of the nature of allegations levelled against the petitioner/Al and other facts and circumstances of the case, without adverting to the merits of the matter, I am inclined to grant bail to him on certain terms and conditions.
6.
The Criminal Petition is allowed and the petitioner/A-'1 shall be released on bail on the following terms and conditions (i) That the petitioner/A-1 shall execute a personal bond for a sum of Rs.25,0004(Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Vl Additional Chief Metropolitan Magistrate, Hyderabad. (ii) that the petitioner/A-1 shall not indulge in any similar type of activities, in future;
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(iii) that the petitioneriA-'l shall not tamper with the prosecution witnesses;
(iv) that the petitioner/A-1 shall co-operate with the investigating agency.
(v) that the petitioner/A-1 shall not misuse the liberty granted to him.
(vi) that the petitioner/A-1 shall appear before the Court concerned personally on each date of hearing till conclusion of trial, and in case of his non-appearance on any adjournment without any valid ground or supporting documentary evidence, his bail shall stand cancelled. 7.
As a sequel, miscellaneous applications, if any pending, shall stand closed.
3D/- CH. VENKATESWARLU ASSISTANT REGIS AR //TRUE COPYII For ASSIST REGISTRAR To, The VI Additional Chief Metropolitan Magistrate, Hyderabad The Superintendent, Central Prison, Chanchalguda, Hyderabad 1.
2.
c.
One CC to SRI. MOHD MUZAFFER ULLAH KHAN Advocate [OPUC] Two CC's to Public Prosecutor, High Court for the State of Telangana at 4.
Hyderabad (OUT) One spare copy 5.
Avs
HIGH COURT GSDJ DATED:11/12l2019
ORDER
CRLP.No.7854 of 2019 , BAIL