Udaya Chand Singhavi v. The State Of Telnagana

| 269t I HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH 'TUESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHTEEN -:PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 12691 OF 2018 .- Between:

Uday Chand Singhvi, S/o.Kasthuri Chand Singhvi, .....Pctitioner/Accused No.6 AND , The State of Telanganga, Rep. by its Public Prosecutor High Court at Hyderabad ,...RespondenUComplainant Petition under Sections 437 & 439 Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in S.C.No. 843/2018 in Crime No. 21312009 which is on the file of the XVI Addl. District Sessions Judge,Maikajgiri,Cyebrabad The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of S.M.SAIFULLAH Advocate for the Petitioner and of the PUBLIC PROSECUTOR (TG) for the Respondent, the Cout rnade the following.

ORDER

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.6, for grant of bail in S.C.No.843 of 2018 on the lile of the learned XVI Additional District and Sessions Judge, Malkajgiri, Cyberabad for the offences punishable under Section 395 LP.C. and Section 25 of the Arms Act. (Crime No.213 of 2009 of Neredmet.Police Station, Cyberabarl).

2.

Heard the learned counsel for the petitioner/A-6, the learned Additional Public Prosecutor representing the respondent/ State and perused the record. 3.

Learned counsel for the petitioner/A-6 would submit that the petitioner/A-6 is innocent and he is falsely implicated in this case; that nothing was recovered from the possession of the petitioner lA-6l' that the petitioner/A6 is in jail since three months and he is ready to attend the trial Court as and when required and ultimately, prayed to al1ow this application.

4.

On the other hand, the learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A-6 and contended that the petitioner/A-6 was involved in three other criminal cases and those offences also relate to the commission of dacoity with arms; that the petitioner/A-6 belongs to Karnataka State' and he is arrested after ten years of commission of the offence and ultimately, prayed to dismiss this application. 5.

As per the material placed on record, the petitioner/A-6 along with other accused said to have committed the offence and sold the stolen property. There is no mention of recovering any stolen articles from the possession of the petitioner/A-6. It appears that the petitioner/A-6 is made as an accused in this case pursuant to the confession made by other accused. Having regard to the nature of allegations and the material collected so far and since the charge sheet is filed and some of the other accused are on bail, the petitioner /A-6 can also be enlarged on bail on some conditions.

6.

Accordingly, the petitioner/A-6 is ordered to be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to the satisfaction of the learned X Metropolitan Magistrate at Malkajgiri, Cyberabad. One of the sureties shall own and possess immovable property at Medchal District. After release on bail, the petitioner/A-6 shall report before the Station House Officer, Neredmet Police Station, Cyberabad, on every Second Saturday between 08:00 A.M. and 09:00 A.M., for a period of six (6) months..-- 7.

Accordingly, the Criminal Petition is allowed. 8.

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

Sd/. CH .VENKA ESHWAR':r //TRUE COPYII ASSISTANT ISTRAR .

o T GISTRAR FOT ASSISTANT

1. The XVI Additional District and Sessions Judge, Malkajgiri, Cyberabad.

2. T\eX Metropolitan Magistrate at Malkajgiri, Cyberabad.

3. The Superintendent, Cherlapalli Jail, Ranga Reddy District

4. The Station House Officer, Neredmet Police Station, Cyberabad.

5. One CC to SRL S M SAIFULLAH Advocate [OPUC]

6. Two CCs PUBLIC PROSECUTOR (TG) High Cou( of Judicature at Hyderabad (OUT)

7. One spare copy

HIGH COURT DR.SA..I DATED: 18.12.2018 CRL.B.NO.12691 OF 2018 BAIL (\ \