Partly allowed

The State of Telangana v. Jangati Jagdish

Telangana HC26 Aug 2021CRLP/5672/2021

Case brief

AI extract

What is this about?

Criminal petition by the State of Telangana in the High Court of Telangana, filing to cancel bail granted to the accused. The court modified the bail conditions instead of outright cancellation. New conditions included appearance before police, restriction on movement, not interfering with witnesses, and personal court appearance.

What did the court decide?

Criminal Petition disposed of by modifying the bail conditions imposed by the Court below; conditions (b) to (e) replaced with new stricter conditions.

The State of Telangana Vs Jangati Jagdish — Bail and Remand | Telangana HC (2021)

¶1

IN THE HIGH COURT^{FORTHE STATEOF TELANGANA}

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AT HYDERABAD

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THURSDAY,^{THE TWENTY SIXTH DAY OF AUGUST} TWO THOUSAND^ANDTWENTYONE

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PRESENT

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THE HONOURABLE^{JUSTICE G. SRI DEVI}

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RIMI ALP TITIO NO 72 20

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Between:

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ThestateofTelangana,throughthecircle^.lnspectorofPolice,BhainsaRuralCircle, iii" Firrii.-pr*ecrjtor,^{ilign c-ourt for the State of Telangana}

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...PETITIONERYRESPONDENT

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AND

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.tanoati Jaodish, S/o^{Chandre, Age. 29 Years,caste Munnur Kapu, occ Agriculture} nl/o^{"Managiaon, Bhainsa Mandal, District Nirmal'}

¶12

Petton under^{Secton 43e(2) or} "'''"^{;;::i:::T:::':"#::} StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleasedtocancelthebailgrantedtotheaccusedvideordersdaled02loTl2o2l passed by the^{HonourableVll Additional Sessions Judge (FTC) Nirmal in} Crl.M.P.No.29B^{of 2021} '

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This Petition^{coming on for hearing'upon perusingthe tvlemorandum of} GroundsofCriminalPetitionanduponhearingtheargumentsoftheAssistant PublicProsecutor(TG),onbehalfofthePetitionerandnoneappearedforthe Respondent.

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The Court^{made the following:ORDER}

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HONOURABLE JUSTICE^{G. SRI DEVI}

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CRIMINA PETITION No.567 2 of 2021

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ORDER

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This Criminal Petition, under^{Section 439(2)of the Code of Criminal} Procedure, 1973, is filed^{by the petitioner-State seekingto cancelthe bail} granted to the respondenVA-2 vide order dated^O2.O7.2021in Crl.M.P.No.298 ol 2021 in Cr.No.2O^{o'f 2021on the file of Vll Additional} District and Sessions Judge^{(FTC),Nirmal.}

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Heard learned Assistant Public Prosecutor^{for the petitioner-State.} Though notice has been served^{on the respondent,none appears on his} behalf.

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ln the affidavit, it is stated that the^{respondentwas involvedin} other 13 criminal cases on the^{file of Bhainsa Police Station registeredfor} similar offences. lt is further stated that^{in Bhainsa Town,there is horrible} situation and the^{general public} are under^{fear due to violent activitiesof} communal elements as several^{accused were repeatedly committing the} offences by damaging the^properties including^{essential commodities/food} grains and also insulting the women with evil intention. lt is further^stated that the Court below failed to consider the^{fact that if the respondent is} released on bail, there is an imminent danger^{to the lives and properties of} the victims-

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At the hearing, learned Assistant^{Public Prosecutor submits that as} the respondent was alreidy^{released on bail, insteadof cancellation of} bail, some stringent conditions^{may be imposed againsthim in order to} secure his^presence for the^purpose of^{fair investigation.}

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Having regard to the facts and circumstances^{and in the light of the} submission made by the learned Assistant^{Public Prosecutor,it would be}

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appropriate to modify the conditions imposed by the Court below, except condition No.(a) of paragraph No.8 of the impugned order, and impose the following conditions, instead of condition Nos.(b) to (e) of paragraph No.g of the impugned order, on lhe respondent, as imposed earlier by this Court while granting bail to the accused in srmilar offences.

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(i) That the respondenVA2 shall appear before the Station House Officer, Adilabad I Town Police Station, on every Friday between 09.00 am and 05.00 pm till completion of rnvestigation and filing of final report;

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(ii) That the respondenUA2 shall not indulge in similar type of offences in future and if it is found that he is indulged in similar type of offences in future, liberty^granted to him shall automatically stand cancelled and he would be^{taken into} custody forthwith without issuing any notice or warrant;

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(iii) That the respondenuA2 shall not interfere with the investigation, intimidate or induce the^{prosecutionwitnesses and shall} cooperate with the investigating agency;

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(iv) That the respondenuA2 shall^{not movewithin 20 km radiusof} the place of occurrence;

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(v) That the respondent/A2 shall^{not misuse the libertygranted to} him; and

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(vi) That the respondent/A2^{shall appear before the Coutl} concerned^{personallyon each date of hearingtill conclusionof} trial.

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6.Withtheaforesaidmodificatlon,theCriminalPetitionisdisposedof

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7 Ir,4iscellaneous applications,^{if any' pending in this criminal petition}

shall stand closed.

SD/- K. SAILESHI

//TRUE COPYi/

ASSISTANT^REGISTRAR \rrr/

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SECTION OFFICER

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To,

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The Vll Additional^{District andSessions Judge (FTC), Nirmal' Adilabad District'}

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The Judicial^{First Class Magistrate,Nirmal,Adilabad District'}

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The Station^{House Officer, P.S Bhainsa Rural' Adilabad District'}

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The Station^{House Officer, AdilabadI Town Police Station' Adilabad}

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The Superintendent,^{District Jail, Adilabad'}

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Two CCs^{to the Public Prosecutor, High courtfor the stateof Telangana at} Hyderabad. [OUT]

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Two CD CoPies B. One Spare^CoPY sbr {{v-

HIGH COURT

DATED: 2610812021

ORDER

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¶51

CRLP.No.5672 ot 2021

¶52

DISPOSING OF THE CRIMINAL PETITION

¶53

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The State of Telangana v. Jangati Jagdish

Case brief

What is this about?

What did the court decide?

The State of Telangana v. Jangati Jagdish

Case brief

What is this about?

What did the court decide?

What the court decided

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