Shaik Mujeem v. The State 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:11753 of 2017 Between:

1. Shaik Mujeem, S/o. Isa,

2. Shaik Nazeem, S/o. Isa,

3. Shaik Rajjab Ali, S/o. Ahmed,

4. Shaik Latheef, S/o. Musa,

5. Shaik Mukram, S/o. Mohammed,

6. Shaik Ifrail, S/o. Hasan,

7. Shaik Aleem, S/o. Hasan,

8. Shaik Jakeer S/o. Najju, ..... Petitioners/Accused AND The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad.

.....Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased may be pleased to enlarge the petitioners on bail in Crime No. 191/2017 on the file of Echoda Police Station in Adilabad District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri B Vijaysen Reddy, Advocate for the Petitioners, and of Addl. Public Prosecutor (TG) for respondent, the Court made the following. ORDER:

Heard learned counsel for the petitioners/A.1 to A.4 and A.6 to A.9, 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 petitioners/A.1 to A.4 and A.6 to A.9 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 petitioners would submit that the alleged incident took place in the dark night. There was no possibility to identify the offenders. The petitioners are falsely implicated in this case and ultimately prayed to allow the petition.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioners.

The material on record reveals that on 25.10.2017, when the de facto complainant along with his staff were on duty, found the petitioners were smuggling the wood from the forest. When the police were prevented to do so, the petitioners attacked the de facto complainant and his staff with sticks and pelted stones. In that process, one Baburao suffered injuries. The petitioners were arrested and remanded to judicial custody on 02.11.2017. It appears from the record that about seven witnesses were examined and most of the investigation was completed. Having regard to the nature of the allegations, the petitioners/A.1 to A.4 and A.6 to A.9 are enlarged on bail on each of them 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 petitioners/A.1 to A.4 and A.6 to A.9 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. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The Judicial First Class Magistrate, Boath, Adilabad District

2. The Prl. District & Sessions Judge, Adilabad

3. The Superintendent, District Jail at Adilabad.

4. The Station House Officer, Echoda Police Station, Adilabad District

5. The Public Prosecutor, The State of Telangana, High Court at Hderabad.

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

7. One Spare copy Skm

HIGH COURT DR. SA,J Drafted by: skm Drafted on: 11-12-2017 DATE: 11-12-2017

ORDER

CRLP. No. 11753 of 2017 The Criminal Petition is allowed accordingly.