Sabavath Suman v. The State Of Telangana, Home Department, Rep. By Its

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12824 OF 2016

O R D E R

The challenge in this writ petition is to the notice dated 15.03.2016 issued by the Tahsildar and Executive Magistrate, Hasanparthy Mandal, Warangal District, the second respondent. By the said notice, the second respondent exercised powers under Section 122(b) Cr.P.C. and ordered one Bhukya Laxman, S/o Ramulu, who stood as a surety for the petitioner, to pay a sum of Rs.1,00,000/-. This payment was directed in the context of the petitioner being bound over for good behaviour on 26.08.2015 for a like sum. The impugned notice reflects that after being bound over, the petitioner was implicated in COR No.88/2016 in relation to an offence under Section 7(A) read with Section 8(e) of the A.P. Prohibition Act, 1995.

Owing to his alleged involvement in the said offence, the second respondent concluded that the petitioner had committed breach of the bond furnished by him under Section 110 Cr.P.C. and accordingly called upon the surety to make the payment. This Court is of the opinion that mere arraignment in an offence cannot be taken to be a conviction whereby it could be said that the accused had committed a breach of the bond furnished by him for maintaining good behaviour. Thus, on this count, the impugned notice dated 15.03.2016 is unsustainable and is therefore set aside.

The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 18th APRIL, 2016 Note: Issue C.C. by today.

B/o PGS