Qazi Habeeb Ali v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 0 5 7 7 of 2 0 1 7 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused No.7, for grant of bail in connection with Crime No.163 of 2017 on the file of the Falaknuma Police Station, Hyderabad District, registered for the offences punishable under Sections 370, 376(2)(f)(i), 420 read with Section 34 of I.P.C. and Section 5(m) read with Section 6 of the Prevention of Children from Sexual Offences, 2012.

2 .

Heard the learned counsel for the petitioner/ accused No.7, learned Additional Public Prosecutor representing the respondentState and perused the record. 3 .

The learned counsel for the petitioner/ accused No.7 would submit that the petitioner/ accused No.7 was remanded to judicial custody on 21.09.2017. Further, the petitioner/ accused No.7 was granted bail in another case. It is also submitted that the petitioner/ accused No.7 is 70 years old and suffering from health problems and he is being hospitalised time and again. The petitioner/ accused No.7 is a Qazi, who retired two years back. He is not responsible for any of the offences alleged against him. Further, as per the Aadhar Card placed before the Qazi, the victim was aged 23 years old. Passport was also obtained in her name and prayed to grant bail.

4 .

The marriage was performed between the victim girl, who is said to be 15 years old, by the petitioner/ accused No.7, to the accused No.1, who is a national of Saudi Arabia, aged 65 years old. It is also alleged that the petitioner/ accused No.7 is in habit of performing marriages of the minor girls with the foreign nationals. The allegations are grave. Investigation is under progress. The release of the petitioner on bail would hamper the investigation. There is every possibility of winning over the witnesses. Some of the accused in this crime are not yet apprehended. Under these circumstances, it is not appropriate to grant bail to the petitioner/ accused No.7.

5 .

Hence, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 09th November, 2017 Bvv