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Mr. Syed Mutaher Hussain v. The State of Telangana

Telangana HC25 Jan 2022CRLP/639/2022

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 CrPC seeking to modify the personal bond amount for interim custody of an old vehicle. The High Court reduced the bond sum from Rs. 5,00,000/- to Rs. 1,50,000/- considering the vehicle's age and market value.

What did the court decide?

The order dated 03.08.2021 was modified to require a personal bond for Rs. 1,50,00/- with one surety furnishing a FDR, instead of Rs. 5,00,000/-.

Mr. Syed Mutaher Hussain Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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TUESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DT. JUSTICE^{SHAMEEMAKTHER}

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CRIMINAL PETITION NO: 639 OF²⁰²²

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Between:

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/r. Sved Mutaher Hussain, S/o Sved^{Azher Hussain, Aged about28 years,Occ.} Cab driver/owner of vehicle, Fyo^{H.No.16-1-28115and 16, Jayanagar, Saidabad'} Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, Rept.,^{by its Public ProsecutorHighCourt Hyderabad}

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...RESPONDENT

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Petition under section^{482of Cr.P.C praying thatin the circumstancesstated} in the l,4emorandum of Grounds of^{criminalPetition, the High courtmay be pleased} to modify the order dated^{03/08/2021madein crl.M.P.No.317of 2021in crimeNo.} 111 ot 2021 on the file of^{the Hon'ble Metropolitan Sessions Judge at Hyderabad.}

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ThisPetitioncomingonforhearing'uponperusingthelMemorandumof Grounds of Criminal^{Petitionand upon hearingthe argumentsof Sri Mir [/ukarram} Ali, Advocate for the^{Petitioner and the PublicProsecutoron behalf of the Sole} Respondent.

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The Court made the^{following:ORDER}

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THE HON.BLE^{DT. IUSTICESHAMEEM AKTHER}

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CRIMIN^{LPETITINNo .639oF 2022}

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ORDER:

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This Criminal^{Petition, under Section 482 of the Codeof} Criminal Procedure,^{1973, is filedby the petitionerseeking to modify} the order,^{dated 03.08'2021, passed in Crl'M'P'No'317 of 2021in} Crime N0.111^{of 2027 (FalaknumaPolice Station'Hyderabad)'by} the learned^{Metropolitan sessions ludge, Hyderabad,with regard to} executing^{personalbond for Rs'5,00,000/- for return of vehicle} bearing registration^{No.AP-09-CE-6490 to the petitioner For interim} custody,

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Heard both sides.^{Perusedthe record'}

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It is brought^{to the notice of this Court by the learnedcounsel} for the^petitioner that^{the subject vehicle is of the model 2011 and} at^present, its^{value is around Rs.1,00,000/- and odd' In spite of} theSame,theCourtbelowhasdirectedthepetitionertoexecutea personal bond for a sum of^{Rs.5,00,000/- with one surety'}

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4, Admittedly, the^{subject vehicle is very old Almost a decade} has been^passed from^{the date of its purchase' The Court below'} vide order, dated 03.08.2021,^{was pleased to order return of} subject vehicle to^{the petitioner towardsinterimcustody on} condition of his^{executing personal bond for Rs'5,00,000/- with one} surety, apart from^{imposingother conditions'}

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5, Considering the totality^{of the circumstances, in the order of} release of subject^{vehicle, dated03.08.2021,the conditionimposed} with regard to furnishing^{the surety amount,is modifiedas follows:}

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"The petitioner shall execute a personal bond for a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) with one surety in a likesum to the satisfaction of the Station House Officer, Falaknuma Police Station, Hyderabad. The surety shall furnish FDR for the said amount. "

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The other conditions imposed in the order, dated 03.0g.2021,

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remain unaltered.

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Accordingly, the Criminal petition is ordered.

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Miscellaneous Petitions, if any, pending in this Criminal

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Petition shall stand closed.

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SD/-K.SAILESHI ASSISTANT REGISTRAR //TRUE COPY' V

SECTION OFFICER

To,

The Metropolitan Sessions^{Judge' Hyderabad at Nampally.}

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The Station House Officer,^{Falaknuma Police Station, Hyderabad.}

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One CC to Sri Mir Mukarram^{Ali, Advocate} [OPUC]

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Two CCs to the Public^{Prosecutor,HighCourt for the State of Telanganaat} Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy gbr

HIGH COURT

DATED: 2510112022

ORDER

CRLP.No.639 of 2022

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ORDERING/ MODIFIED THE CRIMINAL PETITION

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Mr. Syed Mutaher Hussain v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Syed Mutaher Hussain v. The State of Telangana

Case brief

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What did the court decide?

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