Allowed

Syed Mohd. Ibrahim Khaleel Ullah , Syed Mohammed Khaleel Ullah , Khaleelullah v. The State of Telangana

Telangana HC26 Sept 2018CRLP/9755/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two petitioners accused in a misappropriation case involving gold jewellery. The court imposed strict conditions including self-bonds, weekly reporting, restricted movement, and permission for police custody up to 36 hours.

What did the court decide?

Bail granted to the petitioners subject to conditions including self-bond, weekly reporting, restricted movement, and submission of bond to ensure appearance.

Syed Mohd. Ibrahim Khaleel Ullah , Syed Mohammed Khaleel… — Anticipatory Bail | Telangana HC (2018)

¶1

[^25ee ]

¶2

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA^PRADESH

¶3

WEDNESDAY, THE TWENTY SIXTH DAY OF SEPTEN/BER, TWO THOUSAND AND EIGHTEEN , :PRESENT:

¶4

THE HONOURABLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION NOs: 9755 & 9965 OF 2018

¶5

Crl.P.No.9755 of 2018:

¶6

Betwee n:

¶7

Syed lt/ohd. lbrahim Khaleel Ullah @ Syed Mohammed Khaleel Ullah @ Khaleelullah, S/o Late Syed Asadullah.

¶8

Petitioner/Accused No.2

¶9

AND

¶10

The State 9f Telangana, Rep by its Public Prosecutor, High Court at Hyderabadd

¶11

RespondenUComplainant

¶12

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Coud may be pleased to grant anticipatory bail to the Petitioner/Accused No.2 and direct the Police, Banjara Hills, Hyderabad, to release the Petitioner on bail in the event of his arrest pertaining to Cr.No. 72512018 of P.S., Banjara Hills, Hyderabad, pending enquiry and trial.

¶13

Crl.P.No. 9965 of 2018:

¶14

Between:

¶15

Syed Mohd. lrfan, S/o Syed lmam,

¶16

' ... Petitioner/Accused 3

¶17

AND

¶18

THE State of Telangana, through P.S., Banjara Hills, Hyderabad, Rep by its Public Prosecutor, High Court of Judicature at Hyderabad

¶19

.. Respondent/Complainant

¶20

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner/Accused No.3 and direct the Station House Officer, P.S. Banjara Hills, Hyderabad, to release the petitioner on ball in the event of his arrest in Crime No. 725 ol 2018 on the file of P.S., Banjala Hills, Hyderabad.

¶21

These petrtions coming on forr hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri Mohd Muzaffer Ullah Khan, Advocate for the Petitioner in Crl.P.No. 9755 of 2018, and Sri Giri Babu, Advocate for the Petitioner in 9965 of 2018 and of Public Prosecutor (TG) for Respondent in both the cases, the Court made the following

ORDER

HON'BLE DT. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION Nos.9755 AND 9965 of 2018

¶27

COMMON ORDER

¶28

These criminal petitions filed under Section 438 Cr.P.C. by the petitioner/A.2 and A.3 respectively in Crime No.725 of 20 l8 of Banjara Hills Police Station, Hyderabad rDi strict, registered for the of'fences punishable under Sections 40(> anI.20IPC.

¶29

Heard learned counsel fbr the petitioners and learned Public Prosecutor, representing the State, who opposed the same, and perused the disrnissal order of the anticipatory bail application of A.2 in Crl.M.P.No.2596 of 20 18, dated 24.08.2018, by the learned Metropolitan Sessions Judge, Hyderabad, so also of anticipatory bail application of A.3 in Crl.M.P.No.2508 of 2018, dated 23.08.2018 by the learned Metropolitan Sessions Judge, Hyderabad, and averrnents in the respective bail applications, remand reporl of A.l and the case diary file.

¶30

From perusal of the material on record, the role of A.2 and A.3 arises in rnisappropriation and helping in misappropriation of the gold jewellary of the de focto complainant and his wife, that was lured and taken with deception by A.l

¶31

Having regard to the above and as the duty of the Court to balance the personal liberty with the propensity of the crime and there iE force in the contention of learned Public Prosecutor that recoveries are to be made from the distribution of the amounts betyeen accused

¶32

Dr.SSlaB, J Crl.P,Nos.9755 and 9965 of 2018

¶33

¶34

.tt" t7

¶35

persons from their arrest, that can be taken care of by giving police custody of maximurn 36 hours, by virtue of this order, both the criminal petitions are allowed grating bail to the petitioner/A.2 and A.3 subject to the following conditions:

¶36

t^I I Petitioners-A.2 and A.3 shall within fifteen ( l5) days frorn today submit befbre the S.H.O. conceined and execute self-bond for Rs.50,000/- [Rupees fifty thousand only] each with two sureties for like sum each to the satisfaction of the arresting authority, otherfvise giving liberty to the A.2 and A.3 to subrnit withiu said lF L days from now before the Judicial Magistrate of First Class having the^{jurisdiction,} for taking to custody and to enlarge as above. The bond to be obtained is not only to appear before the Court pending investigation and after filing of final report in the fonn of charge sheet or the like for enquiry or pre-comrnittal enquiry before said Court, but also thereafter on cornmittal before the Court of Sessions or by viffr:e of any transfer of proceedings for want ofjurisdiction or othegwise before any other Courl and even after trial before such Court to appear before provisional or appellate Courl or other superior Court - vide decision - Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2IAPLJ 43(SC); so that at stage of cornmittal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting lurther presenqe of accused, seles the purpose. Such recourse quickens the proceedings at such cornrnittal or other stages without loss of tirne and it also to sonre exterit conrplies with the requirement of Section 437 A Cr.P .C.

¶37

l2l Petitioners-A.2 and A.3 shall reporl before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 a.rn. and I L00 a.rn. till filing o[ the charge sheet h

¶38

DT.SSRB, J -l Crl.P.Nos.9755 and 9965 of20lE

¶39

¶40

¶41

and thereafter once in a lnonth on lsr Sunday till cornpletion of trial/enquiry for assurance of their availability and noninterference in any manner with the witnesses.

¶42

t3] Petitioners-A.2 and A.3 shall not enter the area where the victim and witnesses reside, until further orders being passed by the learnecl Magistrate relaxing the sarne empowering hirn by virtue of this order.

¶43

t4l Petitioners-A.2 and A.3 shall attend before the Court of law legularly in enquiry and trial withor.rt fail, if not their bail shall be cancelled forthwith, without any further order so that, the Magistrate can also issue NBW by cancelling the bail from the power under section 439 [2] Cr.P.C. delegated to the leamed Magistrate by this order during penclency of proceedings belore tlre Magistrate.

¶44

t5l Petitioners-A.2 and A.3 shall not leave the State pending enquiry/trial without prior perrnission of the Court of concerned M agistrate/tria I Judge.

¶45

t6l Petitioners-A.2 and A.3 shall fumish their full address with property and Bank Account panigulars and subrnit their passport if any, after enlargernent of hhil I on the next hearing date belbre the Magistrate Court concerned (for collecting by police as part of tlreir duty to investigate-also the means of accused ancl to fumish tlre sarne in the final report of investigation to enable the trial court in lhe event ofconsidering the neecl of awarding compensation under section 357 Cr.P.C. So to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under section 437A Cr.P.C. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.

¶46

t7) [n the event of the police rnaking out a case for police custody lor the purpose of interrogation, A.2 and A.3 shall be liable to be taken in police custody for facilitating the further

¶47

Dr.SSRIl. J Crl.P.Nos.9755 ard 9965 of 2018

¶48

¶49

investigation remained if any, with the pennission of the Magistrate concerned who can grant sucli police custody within 15 days from today, not exceeding 36 lrours in the presence ola nlale melnber, subject to necessary precautiolls and instructions as per the constitutiollal bench expressiou of the Apex Court in guideline No.iv in Gurbaksh Singh Sibbia Vs. State of Punjabr.

¶50

t8l The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel rneanwhile in case of need and/or for non-cor.npliance oI conditions supra) any absence of petitioner as A.2 artd A.3 for hearing/enquiry or trial, issuance of non bailable warrant-NBW^(unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including fronr the wording of Sec.439(2) Cr.P.C. and as such in such event no fresh bail application can be entertained. As it tantanrounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for irnposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the rernedy to pay penalty on the previous forleited bonds as per Section 441 to 446 Cr.P.C. and to subrnit fresh solvency with self bond for enlarging him by release frorn custody on paylnent of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.

¶51

Miscellaneous petitions perlding, if any, in both the crirninal

¶52

petitions shall stand closed. t,

¶53

sd/^{-N, CHANDRASEKHARRAO} ASSISTANT^RB TRAR iu' r t(AK

¶54

,TRUE^COPY// FOT ASSISTANT^REGISTRAR

¶55

t ltsaolz scc sos '

¶56

¶57