This is an interim order dismissing an application for extension of time to surrender in connection with an anticipatory bail case, as it is not sustainable after the time limit had lapsed. The court observed that the petitioner should regular bail instead.
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.
HIGTI COURT OF JUDICATURE AT HYDERABAD FOR'f TIE STATE OF TEI,ANGANA AND TI{E STATE OF ANDTIRA PRADESH MONDA" THE EICHTH DAY OF OCTOBER, TWO ]'HOUSAND AND EIGHTEEN
PRESENT
THE HON'BLE DR JUSTICE B. SIVA SANKARA RAO lA. No. 3 of 2018
IN
CRL.P. No. 2394 of2018
Between:
Banoji Rao Mogarrti, S/o Surya Rao
Petitioner
AND
The State of Anclhra Pradesh, rep by Station House Ofilcer, C.l.D. Police Station,through regional otlice at Thirupatlii, rep. by its Public Prosecutor, High Court ofJudicature at Hyderabad.
Respondent
Petition under Section 482 of Cr.P.C.praying that in the circumstances stated in the petition herein, the High Court may be pleased to appreciate as the tirne to surrender was lapsed on 3l-03-2018 from tlie date of order 16-03-2018 and modification rnade by tlris Hon'ble Court on l0-04-2018 with cnlargernent of tirne of l5 was lapsed by 25-04-201U, and Honourable Court may bepleased to exterld tinre of l5 days tiorn the date order to surrender befbre the Special Juclge cum District Jutlge, Chittoor,pending disposal of Crl.P.No. 2394 ol 2Ulti on the lile ol Higlt Court.
CRL. P.No.2394 of 201 8
Petition under Section 438 of Cr.P.C, praying that in the circurnstances stated in the memo ofgrounds tiled hereiu, the High Couft may be pleased to grant anticipatory bail to the petitioner in the event of his arrest by respondent in Crirne No. 6 of 2015 of CID Police Station, CID Regional Office, Thirupathi.
The petition conring on tbr hearing upon perusing the petition and memorandum ol' grounds tiled herein, older of the lligh Court dated l6-3-2018 rn:rde in CRL.P.No.2394 of 20I 8 and o[der clatetl I0-04-20I8 ntade in lA. No.2 of20I8 and upon hearing the argurrents of Sri P.S. Nagarajan, Advocate fi)r the l'>etitioner and the Public Prosccutor(AP) fbr thc Respondcnt. the Courl rradc the follorving
oR l) uR:
Undisputctlly pul.suant to thc anticipatory bail grantcd in Cr.n-o,6 ol l015 on thc file of Nladanapalli ll'forvn Policc'Station, Chittoor District, taken up the investigation by thc CBLCID Rcgional Office,'[irupati branch dated l6-03-2018. By another bench of this Court thcl'e was a direction to appear before the Station Housc Officer CID of AP Regional Olfice, Tirupati, and surrender rvithin l5 da1's from the ordcr supra in Crl.l'.No. 2394 of 20ltt but it rvas not complicd with. Frcsh anticipatory bail rvas lilcd in Crl.P.No. 70t14 of 2018 that rvas disnrissed on 31-07-2018 rvith observation thrt this Court sec no groun<is to considcr prcscnt anticipatory bail sought for and accordingll' disnrisscd holding as horyevcr it is not a bar to surrcnder and nro'r'e lbr rcgular hail to consitlcr thc lhctunr ol carlicr anticipator),bail could not be availed.
Oncc such is thc case, this application in IA. No. 3 of 2018 lbr cxtension of tinre for conrpliancc of thc original anticipatory bail ortler, is disnrisscd lls not sust:rinable and it ceascs its lbrce. The vcry ordcr itself is clcar for granting the regular bail bv the learncd Special Judge in the cvcnt of surrender.
Sd/- M. Manjula ASSISTANT RECfSTRAR ,TRUE COPY' f or ASS ISrA Nr REi&s"ffi[-.---
To l. The Special Judge curn District Judge, Cliittoor
SK l1'l
HICI{ COURT
DR. SSRB..I
DATE:08-10-20 8
OIIDEI{
I.A. No.3 of 2018
IN
CRL.P.No. 2394of 2018
/./
DIRECTION
2 issues framed by the court
Whether an application for extension of time to surrender under anticipatory bail order is maintainable post-lapse of the original time limit.
Whether the present anticipatory bail application is sustainable considering the dismissal of a subsequent application.
1 provisions across 1 enactments
Banoji Rao Mogarti
The State of Andhra Pradesh
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
