Sk. Chand Basha v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9416 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/Accused Nos.3 and 4 in the event of their arrest in connection with Crime No.104 of 2019 on the file of Station House Officer, Chandampet Police Station, Nalgonda District registered for the offences punishable under Sections 409, 419, 420, 464, 465 and 468 read with Section 34 of Indian Penal Code.

2.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The petitioner No.1 is working as a Superintendent in Tahsildar Office and petitioner No.2 is the retired Tahsildar. The allegations against the petitioners were that they indulged in transferring Government property along with the other Accused.

4.

The case is of the year, 2019 and no steps are taken by the police to arrest the petitioners. It is not the case that the petitioners were absconding. However, keeping in view that the case is of the year, 2019 and the entire evidence is on the basis of documentary evidence that is available in the concerned office. Further, Accused No.7 was already granted anticipatory bail by the order dated 19.10.2022 passed by this Court in Criminal Petition No.8907 of 2022. In the said circumstances, the petitioners/Accused Nos.3 and 4 can be granted the relief of anticipatory bail.

5.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused No.3 and 4 are granted anticipatory bail subject to the following conditions:

i) The petitioners/Accused No.3 and 4 are directed to surrender before the Station House Officer, Chandampet Police Station, Nalgonda District within ten (10) days from today, and on such surrender, they shall be enlarged on bail on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties each to the like sum

each, to its satisfaction.

ii) The petitioners/Accused No.3 and 4 shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 AM and 01.00 PM for a period of eight weeks and thereafter as and when required for the purpose of investigation. iii) The petitioners/Accused No.3 and 4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, if any pending, shall stand closed.

_________________ K.SURENDER, J Date: 03.11.2022 ESP

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9416 OF 2022 Dated: 03.11.2022 ESP