Dismissed

Champa Lal Rawal, v. State of Telangana through Ccs Hyderabad Ps

Telangana HC13 Aug 2014CRLP/9080/2014

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail petition filed under Section 438 Cr.P.C. The court found prima facie grounds for accusation but, considering personal liberty, granted liberty to surrender for regular bail to be considered by the Magistrate.

What did the court decide?

Liberty granted to surrender before the Learned Magistrate to move for regular bail.

Champa Lal Rawal, Vs State of Telangana through Ccs… — Cheque Dishonour | Telangana HC (2014)

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THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9080 of 2014

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ORDER:

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This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/accused No.2 seeking anticipatory bail in connection with a case in Crime No.164/2014 of CCS Police Station, Hyderabad District registered against the petitioner for the offences punishable under Sections 406 and 420 I.P.C.

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2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.

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3. This petitioner is the 2^nd accused and the crime is registered for the above offences. The gravemen of the averments disclosed that the defacto-complainant is the marketing manager of Sankeshwar Trade Centre, Hyderabad in saying one Sanjay (A-3) incharge of the Hyderabad branch for the last six years used to get the gold jewels from their head office at Chennai to sell to the wholesale dealers and customers and one Faisal (A-1) and Champalal (A-2) who is the petitioner herein known to A-3 Sanjay and A-1 Faisal used to come to their branch and purchased gold jewels 3 or 4 times in their branch and settled the amounts and while so on 11.06.2014 Faisal has received 511.95 grams of gold jewels from their branch and three days later Faisal requested Sanjay to give 900 grams of gold metal and Mr.Champalal has assured Sanjay that gold metal can be given to Faisal, that accordingly Sanjay has given 900 grams of gold metal to Faisal that is worth comes to Rs.42.00 lakhs due by Faisal from the undertaking of Champalal and Faisal has given two cheques and Champalal has given one blank cheque for assurance and security of the said transactions and Sanjay dealt without consent from head office and there is collusion between the three accused in this regard in causing wrongful loss and misappropriation.

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4. The contention of the petitioner is that none of the ingredients

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of Section 406 or 420 I.P.C apply so far as this petitioner Champalal Rawal concerned. A perusal of the above indicate a prima facie accusation and the petitioner is not entitled to the concession of anticipatory bail, but for taking consideration of the personal liberty, instead of dismissing from not entitled to the pre-arrest bail, but for regular bail in considering his personal liberty, this application is disposed of, by giving liberty to the petitioneraccused No.2 to surrender before the Learned Magistrate concerned to take into custody under Section 44 Cr.P.C by virtue of this order, move before the learned Magistrate for regular bail and with notice to learned Assistant Public Prosecutor concerned and in such an event, the learned Judge/Magistrate shall consider for granting of bail in favour of the petitioner with necessary conditions preferably on the same day if not atleast by the next day.

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5. Accordingly, the criminal petition is disposed of.

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__________________________ Dr. B.SIVA SANKARA RAO J, August 13, 2014 ksh

Champa Lal Rawal, v. State of Telangana through Ccs Hyderabad Ps

Case brief

What is this about?

What did the court decide?

Champa Lal Rawal, v. State of Telangana through Ccs Hyderabad Ps

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

Coram

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