Sameer Haldar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8560 OF 2022 O R D E R:

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 No.187 of 2021 pending on the file of Station House Officer, Chennaraopet Police Station, Warangal District registered for the offence punishable under Section 8(C) read with Section 20(b) NDPS Act.

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 this petitioner is that this petitioner and four others were complicit of transporting 53 kgs of ganja. The Chennaraopet police apprehended this petitioner and remanded him to judicial custody on 09.12.2021. After completion of investigation police filed charge sheet on 27.06.2022. 4.

The petitioner filed an application under Section 167(2) of Cr.P.C. before the concerned Court praying to release him on the

ground that the prosecution not filed charge sheet within the statutory period of 180 days. The said application was dismissed on the ground that the present application was filed after the charge sheet was filed and not on the date of completion of 180 days or prior to filing of charge sheet. In view of the above there is no illegality committed by the said Court.

5.

On instructions learned Assistant Public Prosecutor submits that there are no other cases pending against this petitioner. 6.

In the said circumstances, the petitioner 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 is directed to be released on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Lakh only) with two sureties each for a like sum among which one local surety and one native surety to the satisfaction of Judicial First Class Magistrate at Narsampet, Warangal District.

ii) After release on bail, the petitioner/Accused No.1 shall appear before the concerned Court on every date of hearing without fail.

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: 27.09.2022 ns