IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

CRIMINAL PETITION NO: 10452 OF 2022

Between:

Syed Irfan Hussain @ Gora Irfan, S/o Syed Akbar Hussain, Aged 21 years, Occ. Driver in Uber Cabs, R/o H.No. 17-2-1202/A/34/A, Madannapet, Hyderabad.

...Petitioner (Petitioner/Accused no.2)

AND

The State of Telangana, Through S.H.O., Reinbazar P.S., Hyderabad, Rep. by its Public Prosecutor, High Court, Hyderabad.

...Respondent (Respondent/Complainants)

Cb)

Petition under Section 439(1), of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the orders dt. 2/9/2022 passed CrI.M.P.No. 417 of 2022 in S.C.No. 55 of 2020 on the file of the Special Judge for Trial of Cases under Essential Commodities Act-cum-III Addl. Metropolitan Sessions Judge, Hyderabad, to the extent of sureties is concerned from Rs. 20,000/- with two sureties to that of Rs. 5,000/- with on surety.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MUDUMBA LAXMI, Advocate for the Petitioner of the Additional Public Prosecutor for the State of Telangana on behalf of the Sole Respondent.

The Court made the following: ORDER

HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10452 of 2022

ORDER:

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1. Heard Smt.M.Laxmi, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the respondent.

2. Seeking to modify the condition that is imposed upon the petitioner u'hile granting bail by the Court of Special Judge for trial of cases under the Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad, through orders in Cr1.M.P.No.4l7 of 2022 in S.C.No.SS of 2O2O, dated 02.09.2022, the present Criminal Petition is liled.

3. Learned counsel for the petitioner states that while allowing the request of the petitioner to enlarge him on bail, the Court ordered the petitioner to execute a personal bond for a sum of Rs.20,000/- with two sureties for likesum each and the petitioner is unable to furnish such solvency and therefore, the bond amount may be reduced.

Dt CSL,J CrLP.No.l-01s2 of2022

4. On the other hand, the submission ol the learned Additional Public Prosecutor is that the petitioner is involved in an offence punishable under the provisions of Arms Act besides other provisions of IPC and further, he is an accused in a similar offence and he is aiso an accused in seven other criminal cases and thus, he is a habitual offender. On that, learned counsel for the petitioner states that as of now, only one criminal case is pending and the other cases are disposed of. In the order under challenge, considering all these factors, the solvency to be produced was decided by the Court below. Therefore, this Court does not find any grounds whatsoever to interfere with the said order. Also, the allegations leveiled, as per the material available on record, are grave in nature

2

5. In the result, the Criminal ^P

//TRUE COPY//

SECTION OFFICER

Sd/- B.SATYAVATHI DEPUW REGIST

I

To,

• 1. The Special Judge For trial of Cases under Essential Commoditres Act-cum-lll ' niiii-5'i'J vr"troior't"n Sessions Judge' Hyderabad
• 2. OneCC to SRl. MUDUMBA LAXMI' Advocate [OPUC]
• 3. Two CCs to the Public Prosecutor for the state of Telangana at Hyderabad
• 4. Two CD CoPies

PR tr

HIGH COURT Dr. CSLJ

DATED:01/12/2022

ORDER

CRLP.No.10452 of 2022

DISIMISSING THE CRIMINAL PETITION

Fobles 10/1/23