Mr. Suketu Anil Shah v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15284 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.212 of 2024 of Central Crime Station, Hyderabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that during internal audit of accounts pertaining to M/s.Sri Krishna Jewellers Private Limited, it is found that the accused persons sold the gold to the outside market illegally by providing incorrect inventory details. Hence, a case was registered vide Crime No.212 of 2024 before the Central Crime Station, Hyderabad, for the offences punishable under Sections 316(4), 318(4) of the BNS. 3.

Heard Sri Azim Parbatani, 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-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that all the material witnesses were examined, and further detention of the

petitioner is unnecessary. He thirdly submitted that though this Court has directed the Police to comply with the procedure contemplated under Section 35(3) of the BNSS vide W.P.No.27969 of 2024 in respect of the other accused, the petitioner herein has been in judicial custody since 24.10.2024, causing undue hardship to his family and that the allegations are false and fabricated. He fourthly submitted that the petitioner is resident of Banjarahills, Hyderabad, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.4702 of 2024, was dismissed by the XII Additional Chief Judicial Magistrate, Hyderabad, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and also the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the petitioner/accused No.1 is languishing in jail from 24.10.2024 and also material part of

investigation is completed, this Court deems it fit to grant bail to the petitioner subject to 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 XII Additional Chief Judicial Magistrate, 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 the 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.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 19.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15284 of 2024 Date: 19.12.2024 gms