High Court for State of TelanganaCRLP/10668/2017allowed no costs

Mohammed Zeeshan Ali Khan , Zaik Khan, Hyd v. State Of Ts., Rep. By P.P.

2017-11-21Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY FIRST DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10668 of 2017 Between:- Mohammed Zeeshan Ali Khan @ Zaik Khan, S/o. Ali Khan. ..... Petitioner/Accused No. 1 AND State of Telangana, Represented by Public Prosecutor, High Court Buildings, Hyderabad.

.....Respondents Petition filed under Sections 439 (1)(b) R/w. 482 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to modify the order dated 15.09.2017 passed in Crl.M.P.No. 2966 of 2017 by I Additional Metropolitan Sessions Judge at Hyderabad by relaxing the condition of the direction imposed up on the petitioner for depositing the passport of the petitioner before the concerned authority in the interest of this court. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Deepak Misra, Advocate for the Petitioner and the Addl. Public Prosecutor(TS) for the Sole Respondent-State, the Court made the following ORDER :- "This Criminal Petition is filed under Section 439 Cr.P.C. r/w Section 482 Cr.P.C. to modify the order dated 15.09.2017 passed in Crl.M.P. No.2966 of 2017 on the file of the I Additional Metropolitan Sessions Judge at Hyderabad (for short, 'the Court below').

Heard the learned counsel for the petitioner-A.1 and the learned Additional Public Prosecutor, apart from perusing the material on record. The Court below while granting bail to the petitioner-A.1 in Crime No.36 of 2017 of Prohibition and Excise Station, Nampally, Hyderabad, vide the order dated 15.09.2017 in Crl.M.P. No.2966 of 2017, directed the petitioner to produce his passport. The learned counsel for the petitioner-A.1 has brought to the notice of this Court that the passport of the petitioner-A.1 was taken by Task Force Police, when he was apprehended in other criminal cases. The petitioner-A.1 has no passport. Though the bail is granted to the petitionerA.1 on 15.09.2017 by the Court below, he could not avail the benefit of the order, as his passport is with the Task Force Police. Under these circumstances, the condition of producing the passport of the petitioner-A.1 is relaxed. The petitioner shall not leave India without prior permission of the Court below. The other terms of the impugned order remained unchanged.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed." ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR

To 1.The I Additional Metropolitan Sessions Judge, Hyderabad. 2.The Station Hose Officer, Prohibition &Excise Police Station, Nampally, Hyderabad District.

3.The Superintendent, Central Jail, Chenchalguda, Hyderabad. 4.Two CCs to Public Prosecutor(TS), High Court of Judicature at Hyderabad (OUT) 5.One CC to Sri Deepak Misra, Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT DR.SA.J DT.21-11-2017.

BAIL ORDER CRL.P.No. 10668 of 2017 RELEASE THE PETITONER ON BAIL

DRAFTED BY TKK DT.22-11-2017.

HIGH COURT DR.SA.J DT.21-11-2017.

BAIL ORDER CRL.P.No. 10668 of 2017 RELEASE THE PETITONER ON BAIL.