Ayub Khan Ayub Pahelwan vs The State Of Telangana
2021 Latest Caselaw 2160 Tel

               THE HONOURABLE JUSTICE G. SRI DEVI

                 CRIMINAL PETITION No.4170 of 2021
ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of

Criminal Procedure, 1973, is filed by the petitioner/A1 seeking to grant bail

to him in C.C.No.202 of 2017 on the file of Chief Metropolitan Magistrate,

Hyderabad, arising out of Cr.No.119 of 2016 on the file of Kamatipura

Police Station, registered for the offences under Sections 420, 468, 471,

109, 120-B read with Section 34 IPC and under Section 12(1)(ab) of

Indian Passport Act, 1967.

2. Heard learned counsel appearing for the petitioner/A1, learned

Assistant Public Prosecutor appearing for the respondent-State and

perused the record.

3. Learned counsel for the petitioner/A1 submits that the petitioner/A1

has undergone more than half of the maximum period of imprisonment as

under trial prisoner. He further submits that the petitioner is a law abiding

citizen and ready to abide by any condition imposed by this Court in the

event of his enlargement on bail.

4. Learned Assistant Public Prosecutor submits that the evidence of

prosecution witnesses is closed in the present case. However, the

petitioner has filed a petition to recall some of the witnesses. He further

submits that if the petitioner is enlarged on bail, he may commit some

more offences and as such, the trial Court may be directed to dispose of

C.C.No.202 of 2017 as expeditiously as possible.

5. A perusal of the record would show that after due trial, the

petitioner/A1 was convicted and sentenced for the aforesaid offences vide

judgment dated 07.08.2018 in C.C.No.202 of 2017. Aggrieved by the

same, he filed Crl.A.No.744 of 2018 and the same was disposed of on

24.02.2020, remanding the matter to the trial Court to dispose of

C.C.No.202 of 2017 as expeditiously as possible, preferably within six

months from the date of receipt of a copy of the judgment. Since the

petitioner is involved in several crimes i.e., 67 crimes, including heinous

crimes, it would meet the ends of justice if the trial Court is directed to

conclude the trial within a reasonable period.

6. Thus, looking into the totality of the circumstances, the trial Court is

directed to conclude the trial in C.C.No.202 of 2017 as expeditiously as

possible, preferably within a period of 30 days from today, without giving

unnecessary adjournments to either of the parties.

7. With the aforesaid directions, the Criminal Petition is disposed of.

8. Miscellaneous petitions, if any pending in this criminal petition,

shall stand dismissed.

___________________ JUSTICE G.SRI DEVI 20th July, 2021 sj