A4.Syed Irfan Hussain @ Irfan @Hussain @Gora v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13528 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.4 in Crime No.282 of 2024 of Panjagutta Police Station, Hyderabad, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case facts are that on 23.03.2024, the Detective Inspector of Police, Punjagutta PS, Hyderabad, apprehended accused Nos.1 and 2 and seized 10 ecstasy pills (5.15g), 5.2g of MDMA, and 115g of Ganja from Accused 1, and 10 ecstasy pills (4.75g), 5.18g of MDMA, and 109g of Ganja from Accused 2. During the recorded confession, the involvement of Accused Nos.3 to 47 came to light, leading to the registration of Crime No.282 of 2024 at Punjagutta Police Station.
3.
Heard Smt.
Mudumba Laxmi, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent.
4.
Learned counsel for the petitioner submitted that the petitioner was arrested on 30.07.2024, has spent over 96 days in judicial custody, maintaining innocence and denying all allegations as false and baseless. He further submitted that the contraband was seized from accused Nos.1 and 2, not from the petitioner, who has no connection to the other accused. He further submitted that accused Nos.1 and 2 already granted bail, the petitioner seeks similar treatment. The petitioner is a law-abiding citizen, asserts no involvement in the alleged offense and undertakes to abide by any Courtimposed conditions and he will cooperate with investigation, and not tamper with evidence or witnesses. Petitioner is the permanent resident of Hyderabad, poses no flight risk and is willing to furnish sufficient sureties, emphasizing this is their first bail application with no pending petitions before other Courts.
5.
On the other hand, learned Additional Public Prosecutor opposed the bail petition stating that the petitioner has knowledge of drug supply chains may lead to repeat offenses his involvement in eight Hyderabad City criminal cases indicates a history of criminal activity and a rowdy sheet
status at Dabeerpura and Jawahar Nagar police stations suggests a propensity for continued wrongdoing. He contended that the accused may intimidate or induce witnesses to withhold evidence or tamper with investigation and that the accused extensive drug supply network may continue to operate if released and granting bail would enable them to perpetuate serious crimes harming young people, undermining societal well-being. 6.
After considering submissions made by both the learned counsel and reviewing the record, it is the specific contention of the learned Additional Public Prosecutor that there are criminal antecedents against the petitioner and further, the petitioner was involved in seven other crimes and earlier bail application of petitioner was dismissed as investigation was not completed. However, it is observed that 22 official witnesses have been examined, investigation was completed and the petitioner has been incarcerated for 3 1⁄2 months, notwithstanding the serious allegations of MDMA supply, therefore, this Court deems it fit to grant bail to the petitioner with the following conditions:
i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned Sessions Judge, Nampally, Hyderabad.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 20.11.2024 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13528 of 2024 Date: 20.11.2024 SAI