Ganesh Sapan v. The State Of Telangana

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

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 12641 of 2017 Between:

1. Ganesh Sapan, S/o. Sapan

2. Parwej Kamar, S/o. Md. Badrul Kamar Petitioners (Accused 1 & 2 in Cr.No.202/2017 of Railway P.S., Warangal) AND The State of Telangana, rep .by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and State of A.P. Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to release the petitioners on bail in Cr.No. 202 of 2017 of Railway Police Station, Warangal, pending investigation, enquiry and trial.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri B.Muralidhar, Advocate for the Petitioners and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed by the petitioners/A-1 and A-2 under section 437 and 439 of Cr.P.C., seeking to enlarge them on bail in Crime No. 202 of 2017 of Railway Police Station, Warangal, Warangal district, registered for the offences punishable under section 8 [c] read with section 20 [b] of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard the learned counsel for the petitioners/A-1 and A-2 and the learned Public Prosecutor for the respondent/State.

3. The learned counsel for the petitioners submits that the total quantity of dry ganja seized in this case is, 10 Kgs., from each of the petitioners/accused, which is below the commercial quantity. Learned Public Prosecutor does not dispute the said fact.

4. According to the submissions made by the petitioners' counsel, the petitioners have been in jail since 13/11/2017. Investigation is reported to have been almost completed.

5. Considering the above facts and circumstances, this Criminal Petition is allowed and the petitioners are directed to be enlarged on bail on each of them executing a personal bond of Rs.20,000=00 [Rs. Twenty Thousand only] with two sureties; one of which shall be that of blood relative of the petitioner, a Government employee or having immovable property for the like sum each to the satisfaction of Judicial Magistrate of First Class for Railways at Kazipet, Warangal district. It is made clear that the petitioners/A-1 and A-2 shall appear before the Station House Officer, Railway Police Station, Warangal, on 1st and 15th of every month between 10:30 a.m. and 5:30 p.m., till filing of charge sheet.

..2..

6. With the above direction, this Criminal Petition is allowed.

7. 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 Special Sessions Judge for NDPS Cases-cum-I Additional Sessions Judge, Warangal.

2. The Judicial Magistrate of First Class for Railways at Kazipet, Warangal.

3. The Superintendent, Central Prison, Warangal.

4. The SHO, Railway Police Station, Warangal.

5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

6. One CC to Sri B.Muralidhar, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT TRJ DATED: 27-12-2017

ORDER

CRL.P.NO. 12641 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 28-12-2017 HIGH COURT TRJ DATED: 27-12-2017

ORDER

CRL.P.NO. 12641 OF 2017 BAIL GRANTED