Allowed

Asad Patel (Khaja Shuja Uddin) v. The State of Telangana

Telangana HC8 May 2019CRLP/2362/2019

Case brief

AI extract

What is this about?

Telangana High Court granted anticipatory bail to a petitioner accused of attempt to murder, ordering release upon furnishing a personal bond of Rs. 50,000 with two sureties and daily reporting.

What did the court decide?

Petitioner granted anticipatory bail on conditions including personal bond of Rs. 50,000 with two sureties of Rs. 50,000 each, daily reporting, and cooperation with investigation.

Asad Patel (Khaja Shuja Uddin) Vs The State of Telangana — Bail and Remand | Telangana HC (2019)

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HIGH COURT FOR THE STATE OF TELANGANA AT

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WEDNESDAY, THE EIGHTH DAY OF I\4AY TWO THOUSAND AND

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7l
N

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THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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CRIMINAL PETITION NO: 2362 OF 2019

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Between:

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flSAD^{PATEL (KHAJA SHUJAUDDIN),S/o. Khaja Shareef, aged about 45 years,} Rio. H.No. B-1-398/PlV/211 Paramount Colony, Tolichowki, Hyderabad

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Petitioner/Acc used

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AND

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l-he State of Telangana, through P.S. Banjara Hills, Hyderabad.

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RespondenUComplainant

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I P"tition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/accused on bail in the event of his arrest in Crime No. 43/20'19 of P.S. Banjara Hills, Hyderabad. on any terms and conditidns as this Hon'ble Court.

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Tl-ie petition coming on for hearing, upon perusing the Petition and the affldavit filed in support thereof and upon hearing the arguments of Sri H SUDHAKARA RAO, Advocate for the Petitioner, Assistant PUBLIC PROSECUTOR (TG) for the Relpondent, the Court made the following.

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ORDER:

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{

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THE HONOURABLE SRIJUSTICE ABHINAND KUMAR SHAVILI CRIMINAL PETITION No.2362 of 2019 ORDER:

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The petitioner is the sole accused in Crime No.43 of 2019 on the file of Banjara Hills Police Station, Hyderabad, registered for the offence punishable under Section 307 l.P.C. By way of this petition flled under Section 438 Cr.P.C., the petitioner seeks grant of anticipatory bail.

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The petitioner/accused contends that he is a^private employee and he has been falsely implicated in the above said Crime on the complaint given by the de-facto complainant on 17.01.2019 allegingf that the petitioner has caused stab injuries to him and that the Police have registered the above said Crime based on the said complaint.

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Learned counsel for the petitioner relied upon a tt4edico-Legal Certificate-cum-Wound Cefificate issued by the STAR Hospitals, wherein the de-facto complainant has stated that unknown persons had caused injuries to him. He contended that later on, with a mala fide intention, the de-facto complainant had falsely implicated the petitioner in the said case just because he caused objection to the illegal constructions made by the de-facto complainant. He further contended that earlier, the petitioner filed Crl.M.P.No.1005 of 2019 in Crime No.43 of 2019 on the file of Special Judge for Economic Offences-cum-Vlll Additional Metropolitan Sessions Judge, Hyderabad seeking anticipatory bail and the same was dismissed on 17.04.2019 on the ground that he had been absconding from 17.O1 .2019. He further submits that the petitioner is a law abiding citizen and he will cooperate with the investigating authorities as and

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when required, provided he is granted anticipatory bail^{with certain} conditions.

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The Assistant Public Prosecutor contended that^{the past} conduct of the petitioner is of criminal nature and he forced the de-facto complainant to withdraw the earlier criminal case filed against him and as the de-facto complainant did^{not agree} to^the same, he caused injuries to the de-facto complainant. As such, the petitioner does not deserve any sympathy and the present petition may be rejected.

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Having considered the respective submissions, this Cou( is of the opinion that the petitioner can be granted anticipatory bail on conditions.

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The Criminal Petition is accordingly allowed. ln the event of airest of the petitioner-sole accused in Crime No.43 of 2019 on the file of Banjara Hills Police Station, Hyderabad, he shall be released on bail upon his furnishing a personal bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Banjara Hills Police Station, Hyderabad. He shall also report before the Station House Officer, Banjara Hills Police Station, every day between 9 am and 10 am until filing of the final reporUcharge sheet. He shall also co-operate with the investi ga ting authorities as and when required.

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Sd/. K. SAILESHI ASSISTANT REGISTRAR

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//TRUE COPY// h" FoT ASSISTANT^REGISTRAR

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To, l.ThespecialJudgeforEconornicoffences.cum.VlllAdditionalMetropolitan Sessions Judge,^HYderabad.

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The lll Additional^{Metropolitan Magistrate at Hyderabad'}

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5 fh" St.tion^{HouseOfficer'Baniara Hills Police Station, Hyderabd}

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One CC to^{SRI H SUDHAKARARAO,Advocate [OPUC]}

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5 Two CCs to^{PUBLIC PROSECUTOR (TG), High court at Hyderabad[oUT]}

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p. One spare^coPY

HIGH COURT

AKS,J

DATED:08/05/2019

ORDER

CRLP.No.2362^{of 2019}

OF
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BAIL

Asad Patel (Khaja Shuja Uddin) v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Asad Patel (Khaja Shuja Uddin) v. The State of Telangana

Case brief

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What did the court decide?

What the court decided

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