Mohammed Sabir Khan Alias Arbaz vs The State Of Telangana
2022 Latest Caselaw 5831 Tel

     HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

       CRIMINAL REVISION CASE No.736 of 2022

ORDER:

1. Challenge in this revision case is the order dated

26.10.2022 that is rendered by the Court of Principal

Sessions Judge, Warangal at Hanumakonda, in

Crl.M.P.No.580 of 2022 in Crime No.179 of 2022 of

Mamnoor Police Station.

2. Heard Sri A.Prabhakar Rao, learned counsel for the

revision petitioner as well as the learned Additional Public

Prosecutor who is representing the respondent.

3. Upon hearing the learned counsel for the petitioner,

learned Additional Public Prosecutor and on going through

the entire material that is available on record, what could

be perceived by this Court is that the petitioner, who is

arrayed as Accused No.2 in Crime No.179 of 2022 of

Mamnoor Police Station, was arrested on 26.09.2022 and

was produced before the Court of Judicial Magistrate of

First Class, Warangal, seeking the Court to remand him to

judicial custody. The Court, through order dated

29.09.2022, remanded the petitioner to judicial custody till

12.10.2022. The petitioner moved an application under

Dr.CSL,J Crl.R.C.No.736 of 2022

Section 437 Cr.P.C. seeking the Court to enlarge him on

bail. The Court honoured the said request and through

orders in Crl.M.P.No.77 of 2022, dated 30.09.2022,

enlarged him on bail conditionally. The conditions

imposed are as under:-

"(i) Petitioner/Accused No.2 shall not commit an offence similar to the offence of which he is accused.

(ii) The petitioner/Accused No.2 shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.

(iii) The petitioner/Accused No.2 shall visit the P.S.Mamnoor every Sunday from 10.00 am to 5.00 pm till filing of charge sheet by P.S.Mamnoor.

In the result, the petition is allowed and the petitioner/Accused No.2 is enlarged on bail on furnishing personal bond of Rs.10,000/- with two sureties for the likesum each."

4. Subsequently, the State moved an application vide

Crl.M.P.No.580 of 2022 before the Court of Principal

Sessions Judge, Warangal, under Section 439(2) Cr.P.C. for

cancellation of bail. The Court, through order dated

Dr.CSL,J Crl.R.C.No.736 of 2022

26.10.2022, cancelled the bail as prayed for. The

petitioner was directed to surrender before the concerned

Court on or before 25.11.2022 and the trial Court was

directed to commit the petitioner to judicial custody on his

surrender. Aggrieved by the said order, the petitioner is

before this Court.

5. Making his submission, learned counsel for the

petitioner contends that basing on the reason stated in the

remand report, the learned Magistrate remanded the

petitioner to judicial custody and thereafter, the petitioner

moved an application for grant of bail and bail was granted

conditionally. Learned counsel states that none of the

conditions imposed were breached by the petitioner.

However, basing on unreasonable grounds, the State

moved an application for cancellation of bail and the Court

of Principal Sessions Judge, Warangal at Hanumakonda,

cancelled the bail. Learned counsel, by stating thus, seeks

the Court to set-aside the order by which bail was

cancelled.

6. Per contra, the submission of the learned Additional

Public Prosecutor is that the Court below did not give any

Dr.CSL,J Crl.R.C.No.736 of 2022

opportunity for the State to file counter and oppose the

application which was filed by the petitioner for grant of

bail and in case, such an opportunity was accorded, the

State would have filed a counter opposing the application

and further, the petitioner was released on the very next

day of arrest and hence, the State moved an application for

cancellation of bail.

7. Learned Additional Public Prosecutor did not bring

any acts of the petitioner to the notice of this Court by

which it can be presumed that the petitioner has deviated

or violated any of the conditions imposed by the Court

which granted bail. Further, a perusal of the remand

report discloses the reasons for arrest. The same are as

under:-

"REASONS FOR ARREST OF ACCUSED:

1. To prevent such person from committing any further offence.

2. For proper investigation.

3. To prevent such person from causing the evidence of offence to disappear or tampering evidence.

Dr.CSL,J Crl.R.C.No.736 of 2022

4. To prevent such person from making indecent, threat or promise to any person acquainted with the fac ts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer.

5. The accused A1 to A3 have not furnished sufficient sureties for their release on bail.

6. If the accused is not arrested, he may commit similar offence relating to crime against woman.

7. This is serious crime against woman case. If the accused are granted bail, it will send wrong message to the society that the influential, powerful persons can go scot free irrespective of the gravity of offence they have committed."

8. In the reasons for arrest, it is clear that the petitioner

i.e. Accused No.2, has not furnished sufficient sureties for

his release on bail. This itself reveals the mind of Inspector

of Police, Mamnoor Police Station, to release the petitioner

on bail in case he had furnished sufficient solvency. In the

application filed for cancellation of bail, one of the grounds

urged i.e. Ground No.3 is as under:-

"3. It is respectfully submitted that the order granting bail to the accused in apparently whimsical, capricious and perverse in the facts of in this case, the Hon'ble lower Court did not considered principle

Dr.CSL,J Crl.R.C.No.736 of 2022

governing denial and grant of bail, it is duty of Hon'ble lower Court need to indicate reasons particularly in cases of grant or denial of bail where the accused is charged with a serious offence."

Another ground urged i.e. Ground No.11 is as under:-

"11. It is respectfully submitted that there is sufficient evidence which clearly established the crime committed by the accused Nos.1 to 3, but the Hon'ble lower Court arbitrarily and biasedly passed impugned order granting bail to respondents, without applying its judicial mind."

9. The said application was moved by the State

represented by the in-charge Public Prosecutor as could be

found in the said application. The Public Prosecutor

besides narrating the order of the learned Principal

Judicial Magistrate of First Class, Warangal, as whimsical,

capricious and perverse, also stated that the learned

Magistrate arbitrarily and biasedly passed the impugned

order. Learned Additional Public Prosecutor failed to state

the alleged bias or arbitrary act on the part of the learned

Magistrate who passed the said order. Such a narration is

condemnable.

Dr.CSL,J Crl.R.C.No.736 of 2022

10. When the order of the learned Principal Sessions

Judge is gone through, this Court finds that learned Judge,

discussing at length with regard to various judgments

governing the field, has come to a conclusion that there are

grounds to cancel the bail. However, learned Judge failed

to appreciate the fact that in the remand report itself, the

Inspector of Police expressed his opinion that the petitioner

did not furnish sufficient sureties for his release on bail.

No convincing material is on record to show that the

petitioner on release, has committed any such or similar

offence or hampered the investigation or is tampering the

evidence. Also, as earlier indicated, it is not the version of

the prosecuting agency that the petitioner has deviated any

of the conditions laid down by the learned Magistrate while

enlarging him on bail. Therefore, this Court is of the view

that the order under challenge is unsustainable and is

liable to be set-aside.

11. Resultantly, the Criminal Petition is allowed. The

order that is rendered by the Court of Principal Sessions

Judge, Warangal at Hanumakonda, in Crl.M.P.No.580 of

Dr.CSL,J Crl.R.C.No.736 of 2022

2022 in Crime No.179 of 2022 of Mamnoor Police Station,

dated 26.10.2022, is consequently set-aside.

14. As a sequel thereto, pending miscellaneous

applications, if any, shall stand closed.

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA

Dt.15.11.2022 Note:Issue CC by Friday.

ysk

Dr.CSL,J Crl.R.C.No.736 of 2022

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

CRIMINAL REVISION CASE No.736 of 2022

Dt.15.11.2022 Note:Issue CC by Friday.

ysk

Dr.CSL,J Crl.R.C.No.736 of 2022