Sri Shaik Fareed v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12203 OF 2023 ORDER:

1.

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/Accused in Crime.No.14/RCT-CR-2/2023 on the file of ACB City Range-II Police Station, Hyderabad, registered for the offence under Section 7(a) of Prevention of Corruption Act, 1988. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that petitioner while working as Fire Station Officer in the office of the District Fire Officer, Kukatpally demanded and accepted an amount of Rs.3,500/- from the complainant for forwarding an application for license sought by the complainant. On the basis of the demand, a trap was laid and the petitioner was apprehended by the ACB authorities on 09.11.2023 and petitioner was remanded to judicial custody on 10.11.2023.

4.

Learned counsel appearing for the petitioner would submit that major part of the investigation is complete and his release would not hamper investigation in any manner whatsoever.

5.

On the other hand, learned Additional Public Prosecutor would submit that investigation is at crucial stage and witnesses are yet to be examined. Even the de-facto complainant has to be examined under Section 161 Cr.P.C. 6.

Even according to the remand report and the mediator's report, the complainant has been examined and also concerned documents have been seized.

7.

In the said circumstances, since the petitioner is in jail for over a period of one month, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions:- i) The petitioner/Accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, for a like sum each to the satisfaction of the I Additional Special Judge for SPE & ACB Cases, at Hyderabad.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer on every Monday at 10:00 a.m. for a period of eight weeks for the

purpose of investigation and thereafter, as and when required.

iii) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C. 8.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 15.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12203 of 2023 Dt.15.12.2023 dv