Mohammad Farooq v. The State Of A.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE NINETEENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No. 11642 of 2017 Between:
Mohammad Farooq, S/o. Abdul Rahim Petitioner (Accused No.3 in Cr.No.01/2016 of CID Police, Hyderabad) AND The State of Andhra Pradesh, rep. by Public Prosecutor for CID, A.P., High Court at Hyderabad, Hyderabad.
Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Crime No. 01 of 2016 CID A.P, Hyderabad. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri V.Raghu, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This criminal petition is filed, by the petitioner/accused No.3 under Section 438 Cr.P.C., seeking anticipatory bail in Crime No.1 of 2016 on the file of the Station House Officer, CID Police Station, Hyderabad, registered for the offences punishable under Sections 420, 464, 468 & 120 (B) of IPC and Sections 43 and 44 of M.V. Act.
The case of the prosecution is that the petitioner along with other accused got registered 27 vehicles without physically producing the same before the concerned authority.
The petitioner filed Crl.M.P.No.1392 of 2017 under Section 438 Cr.P.C on the file of the Court of the Principal Sessions Judge, Guntur, and the same was dismissed on 14.07.2017. The petitioner filed Crl.P.No.7234 of 2017 before this Court and the same was dismissed as withdrawn on 12.09.2017, with liberty to avail the remedies available to him under law. A perusal of the record reveals that by the time of filing of the above Criminal Petition, this Court granted anticipatory bail to accused Nos.1 and 5 in Cr.No.1 of 2016. That fact was not brought to the notice of this Court on 12.09.2017. The accusation made against the petitioner and the accused Nos.1 and 5 is almost similar.
Taking into consideration the facts and circumstances of the case and also the orders passed by this Court in Crl.P.No.14856 of 2016, dated 27.10.2016 and Crl.P.No.16135 of 2016, dated 03.11.2016, this Court is inclined to grant anticipatory bail to the petitioner/A.3.
In the result, the criminal petition is allowed, directing the Deputy Superintendent of Police, Crime Investigation Department, Regional Office, Vijayawada to release the petitioner-accused No.3 on bail, in the event of his arrest in connection with Crime No.1 of 2016, on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to his satisfaction. The petitioner is directed to cooperate with the prosecution agency during the course of investigation." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR
..2..
To
1. The Principal Sessions Judge, Guntur.
2. The VI Additional Junior Civil Judge Court at Guntur.
3. The Dy. Superintendent of Police, CID, RO, Vijayawada, Krishna District.
4. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
5. One CC to Sri V.Raghu, Advocate(OPUC)
6. One spare copy.
SAH
HIGH COURT TSCJ DATED: 19-12-2017
ORDER
CRL.P.NO. 11642 OF 2017 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 20-12-2017 HIGH COURT TSCJ DATED: 19-12-2017
ORDER
CRL.P.NO. 11642 OF 2017 ANTICIPATORY BAIL