Criminal Petition dismissed. Court declined bail to absent petitioners due to conduct causing seven-month committal delay, allowing renewal request only after commitment to Sessions Court.
Criminal Petition No. 203 of 2013 dismissed. Petitioners allowed to renew bail request upon commitment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No. 203 of 2013
ORDER:
The petitioners are A-2 and A-3 in P.R.C.No.20 of 2010 on the file of the Judicial First Class Magistrate, Madakasira. The petitioners remained absent before the committal Court on 18.05.2012. Consequently, N.B.W. came to be issued against them. They appeared before the committal Court on 19.12.2012 and filed application u/s.70(2) Cr.P.C., to recall the N.B.W. The committal court taking note of the earlier conduct of the petitioners, proceeded to dismiss the petition. Subsequently, the petitioners filed Crl.M.P.No.1709 of 2012 before the Additional Sessions Judge, Hindupur for grant of bail. The learned Addl. Sessions Judge taking note of the conduct of the petitioners, refused to grant bail to them by order dated 31.12.2012. Hence, the petitioners approached this court.
Heard learned counsel appearing for the petitioners and learned Addl. Public Prosecutor appearing for the respondent-State.
It is contended by learned counsel appearing for the petitioners that the petitioners are bread winners of their family and their detention in custody deprived the members of their family the source of livelihood.
Learned Addl. Public Prosecutor opposed the application.
As seen from the material placed on record, the committal proceedings before the committal court came to be pending for about 7 months because of the absence of the petitioners. In that view of the matter, I am not inclined to grant bail to the petitioners. However, the petitioners are at liberty to renew their request for grant of bail as soon as the case is committed to Sessions Court.
Accordingly, the Criminal Petition is dismissed.
_____________________________ B.SESHASAYANA REDDY, J
21.01.2013
GM/VJL
2 issues framed by the court
Whether bail should be granted to the petitioners who were absent during committal proceedings causing a seven month delay.
Whether the petitioners' conduct justifies refusing bail despite their plea about deprivation of family livelihood.
1 provisions across 1 enactments
Two Aged Accused
Respondent-State
B.SESHASAYANA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
