Allowed

Syed Abdul Wahid v. State of Ap

Andhra Pradesh HC18 Sept 2019CRLP/4844/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition challenging a bail condition requiring appearance on every adjournment. Relying on Rule 30 of Criminal Rules of Practice, the Court held that an accused on bail during investigation need only appear after the charge-sheet is filed and set aside the condition as not legally sustainable.

What did the court decide?

Condition No.iii in the bail order dated 05.07.2019 requiring appearance on every adjournment pending charge-sheet is set aside. The Criminal Petition is allowed.

Syed Abdul Wahid Vs State of Ap — Civil Procedure and Limitation | Andhra Pradesh HC (2019)

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HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

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CRIMINAL PETITION No.4844 OF 2019

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ORDER :-

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In this petition filed under Section 482 of Cr.P.C, the petitioner/A1 challenges the Condition No.iii imposed in the bail order dated 05.07.2019 in Crl.M.P.No.1443 of 2019 of in Crime No.138 of 2019 of V. Satram Police Station, passed by learned IV Additional Judicial Magistrate of First Class, Nellore.

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2. While granting bail to the petitioner/A1 in Crime No.138 of 2019, which was registered for the offences under Sections 498-A of IPC and Secs.3 & 4 of Dowry Prohibition Act, 1961 ( for sho rt, “D.P. Act”), learned Magistrate imposed several conditions of which Condition No.iii is to the effect that the petitioner/A1 shall appear before the IV Additional Judicial Magistrate of First Class, Nellore on every adjournment without fail till filing of charge sheet and the said condition is now under challenge.

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3. Heard learned counsel for petitioner and learned Additional Public Prosecutor representing respondent-state.

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4. The submission of learned counsel for petitioner is that the aforesaid condition being onerous is not legally justified in view of Rule 30 of Criminal Rules of Practice. Rule 30 of Criminal Rules of Practice reads thus;

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When an accused is released on bail during investigation he shall be bound over to appear in Court after the charge-sheet is filed and summons served on him. It is not necessary to bind him to appear on any earlier date or dates.

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Thus, the above Rule in clear tone spells out that when an accused is released on bail during the stage of investigation, he shall be bound over to appear in Court only after the Charge Sheet is filed and summons are served on him. The said Rule further indicates that it is not necessary to bind him to any earlier date or dates. Thus, the Rule is very much clear to the effect that pending investigation, the accused who is enlarged on bail shall not be directed to be present before concerned Court.

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5. In the light of the above legal jurisprudence, the Condition No.iii in the bail order dated 05.07.2019 in Crl.M.P.No.1443 of 2019 of in Crime No.138 of 2019 is not legally sustainable. However, the said direction is hereby set aside.

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6. Accordingly, the petition is allowed and the said condition is set aside.

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As a sequel, Interlocutory Applications pending if any, in this Criminal Petition shall stand closed.

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________________________ U. DURGA PRASAD RAO, J

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18.09.2019 MS

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HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

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CRIMINAL PETITION No.4844 OF 2019

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Date. 18.09.2019

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Syed Abdul Wahid v. State of Ap

Case brief

What is this about?

What did the court decide?

Syed Abdul Wahid v. State of Ap

Case brief

What is this about?

What did the court decide?

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