Solanki Makia , Prabhu v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.2530 of 2015 ORDER :

The petitioners, who are A1 to A5, filed the present Criminal Petition under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in connection with Crime No.68 of 2014 of Pedanandipadu Police Station, Guntur District, registered for an offence punishable under Section 395 of IPC.

A perusal of the material placed before the Court would show that the petitioners herein filed Crl.P.No.102 of 2015, which was dismissed on 27.01.2015. Thereafter, the petitioner again filed Crl.P.No.1327 of 2015, which was also dismissed on 27.02.2015. Both these applications were filed before this Court after filing of charge sheet. This Court rejected the bail applications twice. In the absence of any change in the circumstances of the case, the question of entertaining the present application would not arise. It may be true that long incarceration of accused in jail will put their entire family to great inconvenience, but at the same time, the apprehension of the learned Public Prosecutor that the petitioners who are residents of Rajasthan will evade the process of law, if released on bail cannot be brushed aside.

Having regard to the said circumstances, I am not inclined to grant bail to the petitioners.

Earlier, while dismissing the bail application of the petitioners, this Court directed the learned Magistrate to commit the case at the earliest and the Sessions Judge was advised to dispose of the matter on day-to-day basis. It is represented by the learned counsel for the petitioners that the case is committed to the Court of Sessions and is coming up for framing of charges. Having regard to the said circumstances and taking into consideration the fact that the petitioners are in jail, learned Sessions Judge is advised to dispose of the matter within a period of three months from the date of receipt of a copy of this order. If for any reason, the trial could not be completed, the petitioners are at liberty to renew the request before the trial Court.

Accordingly, the Criminal Petition is disposed of.

_________________________ JUSTICE C. PRAVEEN KUMAR 31.03.2015 vhb