Allowed

Shaik Chinna Rafi alias Rafi, v. State of Andhra Pradesh

Andhra Pradesh HC16 Jul 2021CRLP/3429/2021

Case brief

AI extract

What is this about?

Court granted regular bail to accused persons facing charges under IPC Sections 307 and 324. The petitioners had been in custody for over 62 days without a charge sheet, prompting the court to deems it appropriate to release them on bail with self-bonds and sureties. Relief granted was enlargement on bail with Rs. 20,000 bonds.

What did the court decide?

Enlargement on bail by execution of self-bonds for Rs. 20,000 each with two sureties for a like sum each.

Shaik Chinna Rafi alias Rafi, Vs State of Andhra… — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3429 of 2021

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ORDER:-

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This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioners/Accused Nos.1 to 7 in connection with Crime No.191 of 2021 of Buchireddypalem Police Station, SPSR Nellore District for the offences punishable under Sections 307, 324 r/w 34 of the Indian Penal Code, 1860 (for short IPC).

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The case of the prosecution is that on 09.05.2021 at 8.30 p.m.at Polinaiducheruvu village, keeping the previous grudges in mind, accused No.1 to 7 with an intention to kill the brother-in-law of defacto complainant, beat him with crowbar and caused bleeding injuries to him, in the meanwhile when the defacto complainant tried to pacify the matter, they also beat him and caused bleeding injuries.

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Heard Sri V.Siva Prasad Reddy, learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the respondent-State.

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Learned counsel for the petitioners submits that the petitioners have not committed the offence as alleged and they have falsely implicated in this case and further submits that they were arrested on 15.05.2021 and since then the police have not filed charge sheet, as such they are entitled for default bail. It is further submitted that the injuries sustained by the complainant are simple in nature and Section 307 IPC is not attracted.

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On the other hand, the learned Additional Public Prosecutor does not dispute the fact that charge sheet is not filed and the petitioners are in jail for more than 62 days.

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Taking into consideration the fact that the petitioners are languishing in jail from the last 62 days and substantial part of investigation is completed, this Court deems it appropriate to grant bail to the petitioners.

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Accordingly, this Criminal Petition is allowed. The petitioners/ A-1 to A-7 shall be enlarged on bail in Crime No.191 of 2021 of Buchireddypalem Police Station, SPSR Nellore District on execution of self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial Magistrate of First Class, Kovvur, SPSR Nellore District. On such release, the petitioners shall co-operate with the investigation.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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___________________________ LALITHA KANNEGANTI, J

Date: 16.07.2021 sj

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

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CRIMINAL PETITION No.3429 of 2021

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Date: 16.07.2021

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Shaik Chinna Rafi alias Rafi, v. State of Andhra Pradesh

Case brief

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Shaik Chinna Rafi alias Rafi, v. State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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