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High Court for State of TelanganaCRLP/11857/2017allowed no costs

Nimish Jagadish Shah v. The State Of A.P

2017-12-26T. Rajani4 pages

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

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 11857 of 2017 Between:- Nimish Jagadish Shah, S/o. Sri Jagadish Shah, Occ : Director of M/s. Crane Worldwide Logistics India Private Limited, R/o. G-601, Arshie Complex, Off : Yari Road, Versova, Andheri (West), Mumbai -500 061..

..... Petitioner/Accused No.3.

AND The State of A.P., rep. by its Public Prosecutor, High Court at Hyderabad -500 066, Through its S.H.O.,Port P.S., Kakinada.

.....Respondent/Complainant.

Petition filed under Section 439 (1)(b) of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to relax the condition stipulated in the order made in Crl.M.P.No. 1380 of 2017 on the file of the Court of the IV Additional Sessions Judge, Kakinada dated 17-11-2017 by extending the time up to 12-01-2018 for surrender of the petitioner before the Special Mobile Judicial First Class Magistrate, Kakinada. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioner and of Public Prosecutor(AP) on behalf of RespondentState, the Court made the following ORDER :- "This petition is filed seeking for relaxation of the condition imposed by the IV Additional Sessions Judge, Kakinada, in Crl.M.P.No.1380 of 2017, dated 17.11.2017.

2.

Heard the counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.

3.

By the impugned order, the IV Additional Sessions Judge, Kakinada, granted anticipatory bail by imposing certain conditions, including that the petitioner shall appear before the Special Mobile Judicial First Class Magistrate, Kakinada, on or before 02.12.2017. 4.

The counsel for the petitioner submits that due to disc problem, the petitioner could not surrender before the said court on or before 02.12.2017. He seeks that the said time may be extended for another ten days. 5.

Hence, considering the above, the petitioner is permitted to surrender before the Special Mobile Judicial Magistrate of First Class, Kakinada, on or before 10.01.2018. With regard to the prayer seeking for relaxation of the other condition, i.e., to attend before the SHO, Port Police Station, Kakinada, on every fortnight Friday, the same can be considered after the petitioner surrenders.

With the above observations, the Criminal Petition is allowed. As a sequel, the miscellaneous applications, if any pending, shall stand closed." ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR Contd.2...

- 2 - To 1.The IV Additional Sessions Judge, Kakinada, East Godavari District. 2.The Special Mobile Judicial Magistrate of First Class, Kakinada, East Godavari District.

3.Station House Officer, Port Police Station, Kakinada, Eat Godavari District. 4.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 5.One CC to Sri A. Prabhakar Rao, Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT TR.J DT.26-12-2017.

BAIL ORDER CRL.P.No. 11857 of 2017 RELEASE THE PETITONER ON BAIL

DRAFTED BY TKK DT.28-12-2017.

HIGH COURT TR.J DT.26-12-2017.

BAIL ORDER CRL.P.No. 11857 of 2017 RELEASE THE PETITONER ON BAIL.