Shaik Mohammad Shakir v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9681 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.1 in Crime No.297 of 2022 pending on the file of Station House Officer, Bhongir Town Police Station, Rachakonda registered for the offences punishable under Sections 406, 420, 506, 120b of Indian Penal Code (IPC) and Section 5 of Telangana Protection of Depositors of Financial Establishment Act, 1999 and Section 156(3) of Cr.P.C. 2.

Heard learned counsel for the petitioner-Accused No.1 and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

Briefly the facts of the case are that the petitioner is accused of taking money from three different persons on the pretext of investment in real estate business and promised to pay 100% returns as early as possible, however, the amounts were not returned. It is alleged that the petitioner has in under similar circumstances also taken money from other several investors which was subject matter of six other crimes.

4.

The modus operandi in all the crimes according to the police is one and the same.

5.

Learned counsel for the petitioner submits that the petitioner was taken into custody on 07.03.2022 in Crime No.90 of 2022 and thereafter his arrest was regularized on execution of PT warrants in five different crimes. Learned counsel submits that in all the six crimes, the petitioner was already granted bail. The prevention detention orders were passed. However, the same was set aside by this Court. Immediately after setting aside the detention order the present crime was registered.

6.

Even according to the complaint, the offence was allegedly nineteen months prior to lodging of this complaint. The transactions are one of investment and not returning the said investments inspite of the amounts being invested in various ventures. Since the petitioner was already granted bail in the other cases and also the detention order being set aside by this Court, it is appropriate to release this petitioner on bail on conditions. 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.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each, to the satisfaction of Principal Sessions Judge at Bhongir. ii) After release on bail, the petitioner-Accused No.1 shall appear before the concerned Station House Officer on every Monday, Wednesday and Friday between 10.30 AM and 01.00 PM, till filing of charge sheet.

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: 14.11.2022 ns