This Criminal Petition Is Filed ... vs State Of Goa In The Petition For ...
2022 Latest Caselaw 5497 AP

Citation : 2022 Latest Caselaw 5497 AP
Judgement Date : 23 August, 2022

Andhra Pradesh High Court - Amravati

This Criminal Petition Is Filed ... vs State Of Goa In The Petition For ... on 23 August, 2022

     THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

            CRIMINAL PETITION NO.6515 of 2022

ORDER:-

      This Criminal Petition is filed under Sections 437 and 439

of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), by

the petitioner seeking to extend the interim bail granted in

Crl.M.P.No.1351 of 2022 in Crime No.195 of 2022 on 22.08.2022

by the Court of Special Judge for Trial of Cases under the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act-cum-X Additional District and Sessions Judge,

East Godavari District at Rajamahendravaram.


2.    Sri K.Chidambaram, learned Senior Counsel appearing for

the petitioner in elaboration to what has been stated in the

affidavit contended that the petitioner was shown as accused in

Crime No.195 of 2022 of Sarpavaram Police Station for the

offence under Section 302, 201 read with 34 IPC and Section

3(1)(r)(s) and Section 3(2)(v) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act.         He further

contended   that   the   petitioner   moved   an   application   vide

Crl.M.P.No.1351 of 2022 on the file of the Special Judge for Trial

of Cases under the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act-cum-X Additional District and

Sessions Judge, East Godavari District at Rajamahendravaram

for grant of bail wherein the Sessions Court granted interim bail

as petitioner's mother died, by orders, dated 22.08.2022, which

is placed on record.
                                      2


3.    Learned Senior Counsel further contended that the charge

sheet filed, which was returned for some objections and the

same yet to be resubmitted and also the statutory period of 90

days has already been completed and the said Crl.M.P.No.1351

of 2022 is coming up for hearing on 25.08.2022 before the

Sessions Court.


4.    Learned     Senior    Counsel      submitted    that   the   present

application is filed to extend the interim order on the ground that

the petitioner is only son and he is the person, who has to

perform the last rites of his mother and in the event if the bail

application is not considered by the Sessions Court the petitioner

has no time to knock the doors of this Court to seek appropriate

orders and sought indulgence of this Hon'ble Court for grant of

extension of interim bail granted by the Sessions Court on the

ground of humanitarian consideration for a limited period till

05.09.2022, as three days time granted by the trial Court is not

sufficient.


5.    In support of his contention, learned Senior Counsel relied

on the judgment of the Hon'ble Apex Court in Tarun Tejpal vs.

State of Goa in the Petition for Special Leave to Appeal (Crl)

No.3149-3150/2014          wherein    the   Hon'ble     Supreme     Court

considered the interim bail on the ground of humanitarian

grounds, as such, prayed this Court to consider the petition.


6.    On the other hand, learned Special Assistant Public

Prosecutor, though not opposed vehemently but left to the

discretion of this Court on the reason of the death of the mother

of the petitioner and the rites to be performed.
                                       3


7.   A perusal of the order, dated 22.08.2022, passed by the

Sessions Court in Crl.M.P.No.1351 of 2022 clearly shows that

interim bail was granted on certain conditions, which reads as

under:

              "In the result, the petition is allowed and the
         petitioner/accused shall be enlarged on interim bail on
         executing a personal bond for Rs.25,000/- with two
         sureties    to   the   satisfaction   of   Special   Mobile
         J.F.C.Magistrate cum VI Additional J.F.C.Magistrate,
         Kakinada.

              The petitioner shall report and surrendered before
         the Central Prison, Rajamahendravaram on or before
         2.00 p.m. on 25.08.2022.

              The petitioner 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 facts to Court or to any police
         officer or tamper with the evidence.       He shall not, in
         any manner, try to overawe or influence or intimidate
         the prosecution witnesses.

              The respondent/police directed to provide escort

to the petitioner all through pass of interim bail period.

The petitioner shall not misuse his liberty in any manner. The petitioner shall not jump over the ball.

The petitioner shall not visit any other place accept the place of his residence and places where his presence is essential for performing last rites and rituals of his mother during bail period."

8. The present application though moved under Sections 437

and 439 of Cr.P.C, learned Senior Counsel sought to treat this

petition under Section 482 of Cr.P.C and prayed to pass

appropriate orders.

9. In view of the situation prevailing to the petitioner in the

present case and taking the judgment of the Hon'ble Apex Court

into consideration, the submissions made by the learned Senior

Counsel for the petitioner and as the period of interim bail

granted by the Sessions is not sufficient to complete all rituals to

the mother of the petitioner, as such, this Court is inclined to

consider the petitioner's case only on humanitarian grounds by

extending the interim bail period so granted in Crl.M.P.No.1351