Priyank Gandhi , Sunny Gandhi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8940 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 petitioners who are arrayed as Accused Nos.2 to 4 in Crime No.137 of 2022 pending on the file of Station House Officer, Munagala Police Station, Suryapet District registered for the offence punishable under Section 8(c) read with Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substance act, 1985. 2.

Heard learned counsel for the petitioners/Accused No.2 to 4 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The Munagala Police on 08.08.2022 while checking vehicles stopped two cars and found these petitioners in one of the cars. In all 165 kgs of ganja was seized from both the cars. The petitioners were remanded to judicial custody, after following the procedure laid down under NDPS Act.

4.

Learned counsel for the petitioners submits that the petitioners are nothing to do with the alleged seizure and they have been falsely implicated in the present case.

5.

On instructions learned Assistant Public Prosecutor would submit that there are no other criminal cases pending against these petitioners.

6.

Keeping in view that 2nd and 3rd petitioners who are Accused Nos.3 and 4 being women and having children; and since there are no other criminal cases pending against them, the bail application of 2nd and 3rd petitioners/Accused Nos.3 and 4 is only considered. Accordingly, 2nd and 3rd petitioners/Accused Nos.3 and 4 are granted bail subject to the following conditions: i) The 2nd and 3rd petitioners/Accused Nos.3 and 4 shall execute personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each among which one is local and another is native, to the satisfaction of I Additional District and Sessions Judge at Nalgonda, Nalgonda District.

ii) The 2nd and 3rd petitioners/Accused Nos.3 and 4 shall appear before the concerned Station House Officer on every Second Saturday between 10.30 AM and 01.00 PM till completion of investigation or until filing of charge sheet. iii) The 2nd and 3rd petitioners/Accused Nos.3 and 4 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 7.

The Criminal Petition in so far as 1st petitioner/Accused No.2 is concerned for grant of bail, is dismissed. However, the 1st petitioner/Accused No.2 is at liberty to move this Court under charged circumstances.

8.

Accordingly, the Criminal Petition is partly allowed. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 18.10.2022 ns