Mohd. Tajuddin Sharif And 2 Others v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7158 of 2018 ORDER :

The petitioners are A.4, A.5 and A.7 among more than ten accused of Crime No.280 of 2015 of Manchal Police Station, Cyberabad, registered for the offences punishable under Sections 406, 420, 468 and 471 read with 120-B IPC. They are seeking anticipatory bail.

2.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the State, and perused the material on record. 3.

Undisputedly, the petitioners went unsuccessful more than twice including by the petitions in Crl.P.No.509 of 2018, dated 30.01.2018 and petition in Crl.P.No.1820 of 2018, dated 06.03.2018. 4.

The learned Public Prosecutor opposed the bail application, though learned counsel for the petitioners wants to impress upon the Court that A.7 is aged about 70 years, A.4 is aged about 65 years, all the three petitioners are retired V.R.Os. and those allegations are of the period from 2008 to 2015 and A.7 concerned, he retired from service in November 2008 itself.

5.

In fact, a perusal of the orders of this Court no way entitle to the concession of bail, that is the reason why their applications were dismissed equally of A.6 and A.9 in Crl.P.No.1891 of 2018, so also of A.8 and A.11 in Crl.P.No.423 of 2018, but for the fact that for none of

the offences punishable above seven years, from their entitlement to the concession of Section 41-A Cr.P.C., though such concession provided in the earlier dismissal bail orders so far as A.6, A.8, A.9 and A.11, the said concession not provided to the petitioners. 6.

Having regard to the above, instead of dismissal, the criminal petition is disposed of, though not entitled to the concession of anticipatory bail since entitled to the benefit of Section 41-A Cr.P.C. and the guidelines of Apex Court in Arnesh Kumar v. State of Bihar1, in the event of any requirement of arrest. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 1st August 2018.

mar 1 (2014) 8 SCC 273