Hiran Kumar Doshi v. State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.417 OF 2016 ORDER:

This criminal petition under Section 438 of the Code of Criminal Procedure is filed by the petitioners/A.1 and A.2 seeking grant of anticipatory bail in connection with crime No.290 of 2015 on the file of the Police Station, Sultanbazar, registered for the offences under Section 420 IPC.

Heard and perused the records.

The allegation against the petitioners herein is that they have collected amount from the de facto complainant on the promise that they will arrange Visa, but they failed to arrange Visa. Learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged against them and they are law abiding citizens. He further submits that they have arranged Visa interviews and that the de facto complainant failed in the interview. Hence, the petitioners are not liable to repay the amount received from the complainant.

Admittedly, the petitioners are not authorized in arranging Visas and as such, this Court is not inclined to grant anticipatory bail to the first petitioner/A.1. Hence, the petition is dismissed against the first petitioner/A.1.

Considering the fact that the second petitioner being a lady, and further, she has already been granted bail in other case, this Court is inclined to grant anticipatory bail to the second petitioner/A.2.

The second petitioner/A.2 is directed to surrender before the Magistrate concerned on or before 15.02.2016 and on such surrender, she shall be enlarged on bail on the same day on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten

thousand only) with one surety for the like sum to the satisfaction of the said Magistrate. The second petitioner/A.2 is directed to appear before the Station House Officer concerned as and when required. The Criminal Petition is accordingly partly allowed. _____________________ JUSTICE RAJA ELANGO 01.02.2015 pln