Mohammed Javeed v. The State of Telangana,
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-21. Mohammed Javeed v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[3168 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ,----' : PRESENT: THE HON'BLE SRI JUSTICE K. LAKSHMAN -- CRIMINAL PETITIoN Nos: ofao * es{i oI zozo CRLP. No. 6980 of2}20 Between: Mohd. Abdul Subhan, S/o. Mohammed Abdul Petitioner/Accused No. 4 AND The State of Telangan4 rep. by its Public Prosecutor, High Court at Hyderabad, through The Station House Officer, P. S. Rajendranagar, Cyberabad. Respondent/Complainant-' Petition under Section 438 of Cr. P. C, praying that in the circumstances stated in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail and to direct the Station House Officer, P. S. Rajendranagar, Cyberabad to release the petitioner on bail in the event of his arrest in connection with Cr. No. 502 of 2020 of P. S. Rajendranagar, Cyberabad; CRL. P. No. 6984 OF 2020 . / / Between: Mohammed Javeed, S/o. Mohd. Abdul Ghani Petitioner/Accused No.
5 AND The State of Telangan4, rep. by its Public Prosecutor, High Court at Hyderabad, through The Station House Offi cer, P. S. Rajendranagar, Cyberabad. RespondenVComplainant ,- Petition under Section 438 of Cr. P. C, praying that in the circumstances stated in support ofthe Criminal Petition, the High Court may be pleased to grant anticipatory bail and to direct the Station House Officer, P. S. Rajendranagar, Cyberabad to release the petitioner on bail in the event ofhis arrest in connection with Cr. No. 502 of2020 of P. S. Rajendranagar. Cyberabad These petitions coming on for hearing, upon perusing the Petitions filed in support thereof and upon hearing the arguments of Sri Mghd Moin AhnGf-Quadri Advocate for the Petitioner in both the petitions, and Public Prosecutor for the Respondent in both the petitions, the Court made the following. ORDER / THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMIIIAL PETITION No.
698O & 6984 OF 2O2O COMMON OFIDER: Since both the Criminal Petitions arise from the very same crime, they are being disposed of by' this common order. 2. These a. re the applications for anticipatory baii. The petitioners in both the Criminal Petitions are r:. ccused Nos. 4 and 5 respectivelv in Crime No. 502 of 2O2O on the file of Rajendranagar Police Station, Cyberabad Conrmissionerate. The offences alleged against the petitioners are under Sections 42O. 468 and 471read with Section 34 of IPC. 2. Heard learned counsel for the petitioners and learned Public Prosecrrtor. Perused the record. 3. A perusal of the complaint dated 09. 03. 2020 would reveal that there are no allegations, much less sper:ific overt-acts, against the petitioners herein. The allegations are against accused Nos. 2 and 3. According to the learned counsel for the petitioners, accused Nos. 2 and 3 are the owners and the petitioners herein are intending purchasers. 4. Admitteclly, there are trn'o suits pending i. e.
, O. S. No. 65 of 2O2O and the other suit as mentioned by the de facto complainant 1n paragraph 4 of the complaint. The proceedings are also pending before the Debt Recovery Tribunal. The petitioners have also filed copy 01'the plaint in O. S. No. 65 of 2O2O filed bv accused Nos. 2 and 3 for declaration of title and recovery of possession of the subject property. 5. This Court, vide order dated 27. 11. 2O2O in Crl. P. No. 605l of 2O2O filed by accused Nos. 2 and 3, directed the Investigation Officer to follow the procedure laid down under Section 41-A of the Cr. P. C. , and also the guidelines issued by the Apex Court in Arnesh Kumar V. State of Biharl. The Investigating Officer is further directed not to arrest accused Nos. 2 and 3 ti1l completion of the investigation and filing of final report. 6. As discussed above, there are no allegations against the petitioners herein and the disputes are civil in nature.
Considering the said aspects, this Court is inclined to grant anticipatory bail to the petitioners. 7. Accordingly, these Criminal Petitions are allowed and the petitioners are granted anticipatory bail subject to the following conditions: i. The petitioners are directed to surrender beforb the Station House Officer, Rajendranagar Police Station, Cyberabad Commissionerate, within a period of two (2) weeks from today, and on such surrender, the said Station House Officer sha1l release the petittoners on bail on their executing personal bonds for a sum of (201,1) 8 scc 271 . l / Rs. 10,000/- (Rupees ten thousand only) with two sureties for the like sum each to his satisfaction. (ii) The petitioners shall abide by the other conditions stipulated in Section 438(2) Cr. P. C. and co-operate u'ith the invr-'stigation by producing the relevant d ocuments and inf<rrmation as sought by the Investigating Officer. Miscell;Lneous petitions pending, if an1 , sh a1l star-rd disposed of. .
I sdt NAGALAX ASSISTANT TR,{R //TRUE COPYI/ S}]CTION OFFICER To, '- 1. The XIV Additional Metropolitan Magistrate at Rajendranagar. Cyberabad 2. The Station House Offrcer, Rajendranagar Police Station, Cyberabad 3. Two CC to Sri Mohd Moin Almed Quadri Advocate [OPUC] . - 4. Two CC to Public Prosecutor, High Court, Hyderabad (OUT) - - 5. One spare copy HIGH COT:R'I' KLJ DATED:2117212020 ORDER CRLP. Nos. 6980 and 698. 1 of 2020 CRLP. AI,I,OWEI) n,f I
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