The High Court of Telangana, in a criminal petition under Section 482 CrPC, refused to modify the trial court's bail conditions. The petitioner, citing poverty, sought to reduce the surety amount and number of sureties, which the High Court dismissed.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTICE G SRI DEVI
CRIMINAL PETITION NO: 557 0F 2021
Between:
It{ip-a {!a.0991 .qflq, 9/olVirza Amjad Baig aged about 26 years, Occ. Driver, r/o H.No.'19-4-27914/92, Nawab Sahab'Kunta Fataknuma, Hyderibad.
...PETITIONER/ACCUSED No.2
AND
]heState of Telangana, through S.H.O., FalaknumaPoliceStation,Hyderabad District, rep. by its Public Prosecutor. High Court, Hyderabad.
...RESPONDENT/COMPLAINANT
Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the l,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the order passed in Elec. Crl.lV.P.No. 2089 of 2020 in S.C.No. 45 of 2020 on the file of the lV Addl. l,4etropolitan Sessions Judge at Hyderabad, in so far as the surety amount of Rs. 10,000i-with two sureties is concerned, to that of Rs. 5,0001 with one surety, ( Crime No. 145 of 2019 of P.S., Falaknuma, Hyderabad ).
l.A. NO: 1 OF 2021
Petrtion under Section 482 of Cr.P.C praying that in the circumstances stated in the [,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the Certified Copy of Order in Elec. Crl.lV.p.No. 20gA of 2020 daled 411112020 on the file of the lV Additional lr,iletropolitan Sessions Judge at Hyderabad.
This Petition coming on for hearing, upon perusing the l,4emorandum of Grounds of Crrminal Petition and upon hearing the arguments of Sri If/OHAIVIT/ED ZAKIUDDIN ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No 1.
The Court made the following: ORDER
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.557 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 IV Additional Metropolitan Sessions Judge, Hyderabad, vide order dated 04.11.2020 in Elec.Crl.M.P. No.2098 of 2020 in SC No.45 of 2020.
Heard learned counsel lbr 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.10,0001 (Rupees ten thousand onty) 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 propefties in his name and that his family members cannot ailord the said surety amount and therefore, he requested to modify the condition of surety amount from 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
2
considering the submissions of both the counsel and also on perusing the records. Theretbre, this Court is in not inclined to modify the said
condition imposed by the trial Court and therefore, this petitior.r is liablc to be dismissed.
Accordingly, the Criminal Petition is dismissed.
i
\ sd/-K!MMAJI ASSISTANT RESISTRAR
,TRUE COPY//
SECTION OFFICER
To,
,
HIGH COURT
GSDJ
DATED:0910212021
ORDER
CRLP.No.557 of 2021
1 H E 14
(
o
2 2 t E B 2021
* *
zlirc
DISMISSING THE CRIMINALPET1TION
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1 issue framed by the court
Whether the High Court should modify the bail conditions imposed by the trial court regarding the surety amount and number of sureties.
1 provisions across 1 enactments
Amjad Baig
State of Telangana
G Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
