Shaik Ahmed v. The Statae Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY , THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRLP .NO:12028 of 2017 Between:
Shaik Ahmed, S/o. Isa, aged 26 years, Occ: Agriculture, R/o. Gundala Village, Echoda Mandal, Adilabad District ..... Petitioner/Accused No.5 AND The State of Telangana, Rep., by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and A.P .....Respondent/de-facto Complainant Petition under Sections 437 & 439 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed there in the High Court may be pleased to enlarge the petitioner on bail in Crime No. 191 of 2017, dt.25-10-2017 on the file of Echoda P.S., Adilabad District. The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of SRI.LAKKADI DAYAKER REDDY Advocate for the Petitioner and Additional Public Prosecutor (TG) for Respondent. The Court made the following Order:
Heard learned counsel for the petitioner/A.5, learned Additional Public Prosecutor for the respondent State and perused the record.
This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/A.5 in Crime No.191 of 2017 of Echoda Police Station, Adilabad District, for the offences punishable under Sections 332, 307, 427 IPC read with Section 34 of IPC. Learned counsel for the petitioner would submit that the alleged incident took place in the dark night. There was no possibility to identify the offenders. The petitioner is falsely implicated in this case and ultimately prayed to allow the petition. Learned Additional Public Prosecutor opposed the grant of bail to the petitioner.
The material on record reveals that on 25.10.2017, when the de facto complainant along with his staff were on duty, found the petitioner was smuggling the wood from the forest. When they were prevented to do so, the petitioner has attacked the de facto complainant and his staff with sticks and pelted stones. In that process, one Baburao suffered injuries. Petitioner was arrested and remanded to judicial custody on 21.11.2017. It appears from the record that about seven witnesses were examined and most of the investigation was completed. Having regard to the nature of allegations, the petitioner/A.5 is enlarged on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate at Boath, Adilabad District.
On such release, the petitioner/A.5 shall attend before the Station House Officer concerned on every Saturday and Sunday between 09.00 and 10.00 a.m. till filing charge sheet. The Criminal Petition is allowed accordingly.
1. The Judicial First Class Magistrate, Boath, Adilabad District.
2. The Principal District and Sessions Judge, Adilabad.
3. The Superintendent, District Jail, Adilabad.
4. The Station House Officer, Echoda Police Station, Adilabad District.
5. Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT)
6. One CC to SRI LAKKADI DAYAKER REDDY, Advocate (OPUC)
7. One spare copy
HIGH COURT DR.SA.J DATED: 11.12.2017 CRL.P.NO.12028 OF 2017 BAIL
TRk Dated: 12.12.2017 HIGH COURT DR.SA.J DATED: 11.12.2017 CRL.P.NO.12028 OF 2017 BAIL