Criminal Petition filed to modify bail conditions regarding surety amount and number from Rs. 10,000 with two sureties to Rs. 5,000 with one surety based on petitioner's financial constraints, dismissed.
Petition to modify bail conditions of surety amount and number dismissed.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTIGE G SRI DEVI
CRIMINA LP ETITION NO: 555 OF 2021
Between:
Mirza Khadeer Baig, S/o Mirza Amjad Baig
AND
...PET|T|ONER/ACCUSED NO.2
State of Telangana, through S.H.O., Falaknuma Police Station, rep. by the Public Prosecutor
.,.RESPONDENT
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l/emorandum of Grounds of Criminal.Petition, the High Court may be pleased to modify the order passed in Elec. Crl.lr/.P.No.2809 of 2020 in P.R.C.No.356 ol 2019 on the file of the ll Additional lvletropolitan Sessions Judge at Hyderabad, in so far as the surety amount of Rs. 10,000/- with two sureties is concerned, to that of Rs.5,0001 with one surety, (Crime No.'144 of 2019 of P.S., Falaknuma, Hyderabad)
This Petiiion coming on for hearing, upon perusing the [/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri II/OHAIVI|VAD ZAKIUDDIN, Advocate for the Petitioner and of the Public Prosecutor (TG) on behalf of the Respondent.
The Court made the following: ORDER
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.555 of 2021
ORDER:
The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/Accused No.2 seeking to modify the conditions imposed by the II Additional Sessions Judge, Hyderabad, vide order dated 31.12.2020 in Elec. Crl.M.p. No.2g09 of 2020 in PRC. No.356 of 20t9.
Heard leamed counsel for the petitioner and the leamed Additional Public Prosecutor for the respondent-State and perused the record.
While granting bail to the petitioner, the Court below has imposed a condition that the petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each.
Learned counsel for the petitioner mainly submits that the petitioner is a poor person; that there are no properties in his name and that his family members cannot afford the said surety amount and therefore, he requested to modify the condition of surety amount fiom Rs. 10,000/- with two sureties to Rs.5,000/_ with one surety.
On a perusal of the impugned order, this Court is of the view that the Court below has rightly imposed the said condition on considering the submissions of both the counsel and also on perusing
2
the records.Therefore,this Courtis in not inclined to modifythe said
condition imposedby the trial Court and therefore' this petition is
liable to be dismissed.
I Accordingly,the Criminal Petition is dismissed.
//TRUE COPY'
Sd/-N.CHANDRASEKHAR RAO ASSISTANT REGISTRAR $o
SECTION OFFICER
To
HIGH COURT
DATED:09/02/202'l
ORDER
'1
1 Be s T4re
o
oo 22 rEB 2021
lj
OE I..-T c
CRLP.No.555of 2021
DISMISSINGTHE CRL.P.
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1 issue framed by the court
Whether bail conditions can be modified reduci:- surety amount and number of sureties
1 provisions across 1 enactments
Mirza Khadeer Baig
State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
