State filed Criminal Petition under Section 439(2) Cr.P.C. to cancel pre-arrest bail granted to respondent for non-surrender and non-compliance with conditions. Court cancelled bail.
Cancellation of pre-arrest bail granted to respondent/A-6 in Crl.P.No.2080 of 2019 dated 30.04.2019.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE NINTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SMT.JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION N O:4332 oF 2019
Between:
The Statg of Telangana, Through the Station House Officer, Madhapur police Station (EO[) Cyberabd,.repreSented by Thepublic prosecutor, Higli Court for the State of Telangana.
...Petitioner/Res pondent
AND
Mr. Akash, Office at tr//s. eBlZ.Com Private Limited, B-18 Sector, Noida, Up(A6)
...Petitioner/RespondenUAccused
Petition under section 439 (2) of cr.p.c praying that in the circumstances stated in the lMemorandum of Grounds of criminal petition, the High court may be pleased to cancel the anticipatory bail granted to the accused vide orders dated. 3010412019 in Crl.P.No. 2080 of 2019 on the file of Hon'ble High Court.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of the public Prosecutor, for the Petitioner and of the Respondent not appearing in person or by Advocate.
The Court made the following: ORDER
THE HOI{'BLE SMT.JUSTICE LALITHA KANNEGANTI
t I a
CRIMINAL PETITIONNO.43320F 2019
ORDER:
This CriminalPetilionis hled by the State under Section439(2) Cr.P.C. seeking cancellationof pre-arrestbail' 2. On 30.O4.2019, thisCourt granted pre-arrestbail to A-6 in Crl.P.No.2O80 of2019 in connectionwith CrimeNo' 18O of 2019 of P.S. Madhapur(Guttala), Cyberabad,R.R. District' 3. Respondent/A-6 inCrime No. 18O ol 2019,registered for the offences punishableunder Sections406, 42O and 5O6 of the Indian Penal Code and Sections3, 4, 5 and 6 of the PC & MCSB Act, filed pre-arrest bail applicationbelore this court. This court granted bail to A-6 on his executinga personalbon-d for Rs'SO,OOO/- with two sureties for a like sumeachto the satisfactionof the StationHouse oflicer concemedand further,he was also directedunot to interfere with the investigation,shall not intimidate or induce any of the witnesses acquaintedwith the facts of t}re case, shall cooperate with the investigating officerand shall make himselfavailablefor investigation on allFridays from 10.00 am to 2.00 pm and shall also deposit hispassportwith the saidStation HouseOfficer'"'
2
Court deems it appropriate to cancel pre_arrest bail granted to the respondent/A-6 by the order of this court dared 30.04.2o19 in Crl.P.No.2080 of 2019.
Miscellaneous applications , if any, pending shall stand closed.
Sd/.T.TIRUMALA DEVI ASS]STANT REGISTRARseinoru Jld.*
//TRUE COPY//
To,
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HIGH COURT
DA-lED:091'1212O21
ORDER
CRLP.No.4332of 2019
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ALLOWINGTHE CRIMINAL PETITION.
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2 issues framed by the court
Whether anticipatory bail granted to an accused is liable to be cancelled for failure to surrender and comply with conditions imposed.
Whether criminal petition under Section 439(2) Cr.P.C. is allowed when bail conditions are not met.
3 provisions across 3 enactments
The State of Telangana Through the Station House Officer Madhapur Police Station
Akash
Justice Lalitha Kannevganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
