Dismissed

Man Mohan Singh Bhadauria v. State of Andhra Pradesh

Telangana HC20 Aug 2013CRLP/8547/2013

Case brief

AI extract

What is this about?

This is an order on bail in a murder case. The High Court observed that the case was posted for recording the plea of the accused and deemed it undesirable and unsafe to grant bail at that stage. The petition was dismissed.

What did the court decide?

Bail application was dismissed; petitioner left to file fresh application if sessions case not disposed of as directed.

Man Mohan Singh Bhadauria Vs State of Andhra… — Murder and Culpable Homicide | Telangana HC (2013)

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HON’BLE SRI JUSTICE B.CHANDRA KUMAR

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CRIMINAL PETITION No. 8547 OF 2013

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ORDER:

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This petition is filed by the petitioner-Accused No.2 under Sections 437 and 439 of the Criminal Procedure Code seeking bail in S.C.No.26 of 2012 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, for the offence punishable under Sections 201, 212, 120-B, 302 read with 34 of Indian Penal Code and Section 25(1) of the Indian Arms Act.

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2. Heard both sides.

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3. The petitioner herein was security guard of Accused No.1. As pointed out by the learned counsel for the petitioner, main allegations have been made against A1 only. He pointed out that even from the charge sheet allegations it is not clear whether the petitioner had any prior knowledge about the intention of A1 to commit the murder of the deceased in this case. It is submitted that petitioner is simply obliging A1 since he was working under A1. But as seen from the charge sheet allegations, the petitioner who is A2 was waiting at a particular place as directed by A1 and he is also one of the person who has taken A1 on his motor cycle to some distance and subsequently, it is also alleged that the petitioner accompanied A1 wherever A1 was going. It is alleged that on the way to Sholapur, the petitioner-A2 has thrown away the fired cartridge cases from 0.32 revolver and helmet used by A1 on the road side as per the instructions of A1.

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4. Learned Additional Public Prosecutor submitted that the case is posted for recording the plea of the accused on the charges framed against them.

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5. Sri O.Kailashnadh Reddy, learned counsel for the petitioner

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submits that A4 had filed a revision before this Court and this Court granted stay and there is no possibility of commencement of trial in the sessions case. It is a fact that the petitioner has been in judicial custody since 29.01.2011. However, the learned Sessions Judge is directed to complete the trial as early as possible, preferably, within sixty days from the date of disposal of the revision case by this Court.

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6. It appears that it is not desirable and safe to grant bail to the petitioner at the stage. Hence, subject to the observations made supra, the Criminal Petition is dismissed. It is left open to the petitioner to file fresh bail application if the sessions case is not disposed of as per the directions of this Court or there is any changed circumstances.

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___________________ B.CHANDRA KUMAR, J.

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20^th August 2013, Rns

Man Mohan Singh Bhadauria v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Man Mohan Singh Bhadauria v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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