Mohammad Abdul Samad v. The State Of Andhra Pradesh Rep. By Its P.P
HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION Nos.10949, 10965, 10969 AND 10971 OF 2017 COMMON ORDER:
These Criminal Petitions are filed under Section 439 Cr.P.C. for grant of bail to the petitioner-A.1 in S.C. Nos.595 of 2010, 91 of 2010, 73 of 2010 and 90 of 2010 pending on the file of the District and Sessions Judge, Ongole, Prakasam District.
2.
Heard Sri Challa Ajay Kumar, learned counsel for the petitioner-A.1, and learned Additional Public Prosecutor appearing for the respondent-State, apart from perusing the material available on record. 3.
Learned counsel for the petitioner-A.1 would submit that the petitioner-A.1 has been detained in this case from the year 2008, though charge sheet is filed in the year 2010; the trial has not been completed; the petitioner-A.1 also implicated in other criminal cases; though there is an order of this Court dated 20.06.2017 in Crl.P. Nos.3910, 3911, 3915 and 3920 of 2017 to complete the trial within three months from the date of receipt of copy of the order, the trial was not completed; and ultimately, prayed to allow these bail applications. He has relied on the following decisions:
(1) Dipak Shubhashchandra Mehta v. Central Bureau of Investigation and another1.
(2) Sundeep Kumar Bafna v. State of Maharashtra and another2.
(3) Tarun Tejpal v. State of Goa3.
4.
Learned Additional Public Prosecutor opposed the grant of bail to the petitioner stating that the petitioner-A.1 involved in eight criminal 1 (2012) 4 SCC 134 2 (2014) 16 SCC 623 3 (2015) 14 SCC 481
cases; he is a high way killer and dacoit; the allegations are grave against the petitioner-A.1; and ultimately, prayed to dismiss the bail applications. 5.
As per the material placed on record, the petitioner-A.1 involved in several criminal cases as detailed below: Status of accused in this case S.No.
Crime/ PRC/SC FIR date Police Station Offences Status of bail Charge sheet Case status 1.
356/08 in SC 595/2010 17.10.2008 Taluka P.S., Ongole 120-B, 396, 400, 402, 412, 414 and IPC and Section 25(1)(A) of the Indian Arms Act A-1 Granted on 07.03.2010 in 1821/2010 Filed In trial 2.
140/08 in SC 91/2010 17.10.2008 Maddipadu P.S., Prakasam District 120-B, 396, 400, 402, 412, 414 and 201 IPC A-1 12.01.2010 in 44/2010 Filed In trial 3.
142/08 in SC 90/2010 17.11.2008 Maddipadu, P.S., Prakasam District Sec.25(2) of the Indian Arms Act A-1 Granted Filed In trial 4.
150/08 in SC 73/2010 14.11.2008 Singaraykonda P.S., Prakasam District 120-B, 396, 400, 402, 412, 414 and 201 IPC A-1 Granted Filed In trial 5.
141/08 17.11.2008 Maddipadu P.S., Prakasam District 379, 302, 201, 120(b), 411 r/w 34 IPC A-1 Granted.
Spl. Mobile Court, Ongole Still not filed 6.
28/14 19.01.2014 Taluka P.S., Ongole.
120-B, 396, 420, 365, 307, 109 IPC and Section 25(1)(A) of the Arms Act A-1 Granted in 90 days.
III M.M.
Court, Ongole Still not filed 7.
77/14 13.02.2014 Taluka P.S., Ongole 120(B), 420 IPC and Secs.25(1)(a), 25(1-AA) and 27(1-A) of the Arms Act.
A-1 Granted in 90 days III M.M.
Court, Ongole Still not filed 8.
830/15 II Town P.S., Kurnool 420, 120(b) IPC A-1 Granted in 90 days Filed near about judgme nt 6.
The allegations are grave and very serious in nature. Earlier bail applications of this petitioner-A.1 are dismissed by this Court as well as the Court of Sessions assigning number of reasons. Merely because the trial is not completed, as directed by this Court by order dated 20.06.2017 in Criminal Petition Nos.3910, 3911, 3915 and 3920 of 2017, it
cannot be a ground to allow these applications. As per the record, the witnesses hail from different places. There are other accused along with this petitioner. The allegations and offences are grave in nature. For some of the offences, the punishment is imprisonment of life or death. The facts and circumstances of the instant cases and the facts and circumstances of the decisions relied on by the learned counsel for the petitioner are distinct. In the event of granting bail, there is likelihood of absconding, threatening the witnesses and further delaying the trial of the case. Further, it is unsafe to allow his bail applications. Viewing from any angle, it is not a fit case to allow the applications. 7.
Accordingly, all these Criminal Petitions are dismissed. As a sequel, miscellaneous petitions, if any pending in these Criminal Petitions, shall also stand dismissed.
______________________ Dr. SHAMEEM AKTHER, J Date: 27-11-2017.
siva
HON'BLE Dr. JUSTICE SHAMEEM AKTHER Crl.P. Nos. 10949, 10965, 10969 AND 10971 OF 2017 Date. 27-11-2017 siva