THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION Nos.3100, 5995, 5997, 6003 and
6004 of 2021
COMMON ORDER:
Since facts of the case and the issue involved in all these
Criminal Petitions are similar, all these Criminal Petitions are taken
up together and being disposed of by this common order.
2. Criminal Petition No.3100/2021 is filed by the petitioner/State
under Section 439(2) Cr.P.C, seeking to cancel the anticipatory bail
granted to the respondent/A.4 vide order dated 30.03.2021 passed
in Crl.M.P.No.730/2021 (Crime No.6/2021 of Bownepally Police Station), by the learned Special Judge for trial of offences under SCs & STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad.
3. Criminal Petition Nos.5997 and 6003/2021 are filed by the petitioner/State under Section 439(2) Cr.P.C, seeking to cancel the anticipatory bail granted to the respondents/unnamed accused vide common order dated 09.03.2021 passed by this Court in Criminal Petition Nos.800 and 804 of 2021.
4. Criminal Petition Nos.5995 and 6004/2021 are filed by the petitioner/State under Section 439(2) Cr.P.C, seeking to cancel the anticipatory bail granted to the respondent/A.2 and respondent/ A.3, respectively, vide common order dated 09.03.2021 passed by this Court in Criminal Petition Nos.830 and 893 of 2021.
5. Heard both sides. Perused the record.
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6. The learned Assistant Public Prosecutor appearing for the petitioners/State in all these Criminal Petitions inter alia contended that the respondents in Criminal Petition Nos.5995, 5997, 6003 and 6004 of 2021/accused have intentionally not appeared before the Station House concerned on some dates in May, 2021 and July, 2021, which shows their utter disregard to the orders of the Court. Further, the respondents/accused are not cooperating with investigation of case and not revealing any information, and thereby flouting the orders of the Court and therefore, the bails granted in favour of the respondents/accused may be cancelled by allowing the Criminal Petitions as prayed for.
7. On the other hand, learned counsel for the respondents in all these Criminal Petitions/accused would contend that there is no truth in the contention of the learned Assistant Public Prosecutor that the respondents/accused are not appearing before the Station House Officer concerned regularly, as directed by this Court. The respondents/accused are strictly complying with the bail conditions. There is nothing to accede the request of the petitioners/State to cancel the anticipatory bail granted in favour of the respondents/ accused and ultimately prayed to dismiss all these Criminal Petitions.
8. In view of the above submissions, the point for determination in these Criminal Petitions is:
"Whether the petitioners/State has made out valid grounds to cancel the bails granted in favour of the respondents in all these Criminal Petitions/ accused by exercising the power under Section 438(2) Cr.P.C.?"3
9. POINT: As seen from the material placed on record, the respondent in Crl.P.No.3100 of 2021/A.4 was granted anticipatory bail vide order dated 30.03.2021 passed in Crl.M.P.No.730/2021 in Crime No.6/2021 of Bowenpally Police Station, by the learned Special Judge for trial of offences under SCs & STs (POA) Act-cum- VI Additional Metropolitan Sessions Judge, Secunderabad, on the following conditions:
"The petitioner/A.4 is directed to surrender before concerned learned Magistrate on or before 30.04.2021. Upon his surrender, he shall be released on bail on personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for like sum. Petitioner/A.4 shall appear before the S.H.O, P.S. Bowenpally, on every Saturday between 10.00AM to 2.00PM till filing of the charge sheet. The petitioner/A.4 shall not misuse the liberty granted to him, failing which the Court concerned shall take appropriate action in accordance with law in the light of the judgment of the Apex Court in Sushila Agarwal and others vs. State (NCT of Delhi) and others (2020 SCC Online 98). The petitioner/A4 shall also comply with the conditions as laid down under Section 438(2) Cr.P.C. If the petitioner/A.4 fails to appear before the Court for judicial process without leave of the Court and in the event of issuance of Non-Bailable Warrant, this bail stands automatically cancelled and the self and surety bonds will be forfeited. He shall also give an undertaking that he informs change of address, if any to police and Court as well"
10. The respondents in Crl.P.Nos.5997 & 6003 of 2021/unnamed accused were granted anticipatory bail by this Court, vide common order, dated 09.03.2021, passed in Criminal Petition Nos.800 and 804 of 2021 on the following conditions:
"(i) The petitioners shall execute a personal bond to the tune of Rs.50,000/- (Rupees fifty thousand only) each with two sureties each to the like amount to the satisfaction of the Investigating Officer.
(ii) The petitioners shall appear personally before the S.H.O, Bowenpally Police Station on every Saturday between 10.00 AM and 2.00 PM, till filing of the charge sheet.4
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Investigating Authority.
(iv) The petitioners shall not act in any manner which will be prejudicial to fair and expeditious investigation.
(v) The petitioners shall also comply with the conditions as laid down under Section 438(2) Cr.P.C."
11. Further, the respondent in Crl.P.No.5995 of 2021/A.2 and respondent in Crl.P.No.6004 of 2021/A.3, were also granted anticipatory bail by this Court vide common order, dated 09.03.2021, passed in Criminal Petition Nos.830 and 893 of 2021, on the following conditions:
"(i) The petitioners are directed to surrender before the Station House Officer, Bowenpally Police Station, Secunderabad, within a period of fifteen days from today, and on such surrender, they shall be released on bail on their executing personal bond to the tune of Rs.1,00,000/- (Rupees one lakh only) each with two sureties each to the like amount to the satisfaction.
(ii) The petitioners shall personally appear before the S.H.O, Bowenpally Police Station on every Saturday between 10.00 AM and 2.00 PM, till filing of the charge sheet, particularly the petitioners shall make themselves available for interrogation as and when required by the Investigating Officer as stipulated under Section 438(2)(i) of Cr.P.C.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Investigating Authority.
(iv) The petitioners shall not act in any manner which will be prejudicial to fair and expeditious investigation.
(v) The petitioners shall surrender their passports, if any, before the Court concerned and their passports will remain in the custody of the Court concerned until further orders. The petitioners shall not leave the Country without prior permission of the Court concerned.5
(vi) The petitioners shall not misuse the liberty granted to them, failing which the Court concerned shall take appropriate action in accordance with law in the light of the judgment of the Apex Court in Sushila Agarwal and others vs. State (NCT of Delhi) and others (2020 SCC Online SC 98)
(vii) The petitioners shall remain present in person before the trial Court on each date of hearing. If in the opinion of the trial Court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail granted to the petitioners and proceed against them in accordance with law.
(viii) The petitioners shall also comply with the conditions as laid down under Section 438(2) Cr.P.C."
12. All the aforesaid orders were passed assigning reasons. Later, A.2 (respondent in Crl.P.No.5995 of 2021) filed I.A.No.2 of 2021 in Crl.P.No.830 of 2021 and A.3 (respondent in Crl.P.No.6004 of 2021) filed I.A.No.2 of 2021 in Crl.P.No.893 of 2021 before this Court, seeking to relax bail condition imposed against them. This Court vide separate orders of even date, dated 01.07.2021, modified the condition and directed A.2 and A.3 to personally appear before the Investigating authority on every third Saturday till completion of the investigation and filing of charge sheet/final report.
13. The respondents in Crl.P.Nos.5997 and 6003 of 2021 (unnamed accused) also filed I.A.No.3 of 2021 in Crl.P.No.800 of 2021 and I.A.No.3 of 2021 in Crl.P.No.804 of 2021 respectively, before this Court, seeking to relax the bail condition imposed against them. This Court vide separate orders of the even date, dated 01.06.2021, modified the bail condition and directed the said unnamed accused to appear before the Station House Officer 6 concerned on 4th Saturday of every month, till filing of the charge sheet.
14. It is brought to the notice of this Court that all the accused in these Criminal Petitions, i.e., respondents/unnamed accused and the respondents/A.2 to A.4 are complying with the bail conditions.
15. It is pertinent to state that grant or cancellation of bail is the discretion of the Court. The very purpose of imposing conditions while granting bail is to ensure that the accused do not flee away from justice. Furthermore, it is mandatory on the part of the accused to comply with the bail conditions. In the instant case, except contending that the respondents/accused are not complying with the bail conditions, no scrap of paper is produced to substantiate the same. There are no circumstances to accede the request of the petitioners in these Criminal Petitions/State and cancel the bail applications of the accused by exercising power under Section 439(2) of Cr.P.C. However, in view of the peculiar facts and circumstances of the case, this Court deems it appropriate to order as follows:
"The respondents in all these Criminal Petitions/ accused are directed to appear before the Station House Officer, Bowenpally Police Station, on third Saturday of every month, between 10.00AM and 5.00PM, till filing of the charge sheet."
17. With the above observations and modification, these Criminal Petitions are disposed of.
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Miscellaneous Petitions, if any, pending in these Criminal Petitions shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 23.09.2021 scs