HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRL.P. Nos:5765, 5766, 5794, 6793, 6794, 6795, 6796, 6797, 6798, 6800 & 6801 of 2014 CRL.P. NO. 5765 OF 2014:
Between:
Sardar Hardayal Singh S/o Chawan Singh (A-9) . Petitioner/Petitioner AND
1 The State of AP., Rep. by its Public Prosecutor, High Court of AP., Hyderabad
2 Khaja Usamuddin S/o Late Md.Khaja Noorunddin, R/o H.No.4-10- 41/1/3/6A Jalal Baba Nagar, 9 Number, Rajendranagar . Respondent/Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein the High Court may be pleased to enlarge the petitioner on bail in the Crime No.390/2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:5766 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-9) . Petitioner/Petitioner AND
1 The State of Andhra Pradesh, rept. by the Public Prosecutor, High Court of AP., Hyderabad.
2 Khaja Usamuddin S/o. Late Md.Khaja Nooruddin, R/o. H.No. 4-10- 41/1/3/6A, Jalal Baba Nagar, 9 Number, Rajendranagar.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 389 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:5794 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-9) . Petitioner/Petitioner AND
1 The State of Andhra Pradesh, rept. by the Public Prosecutor, High Court of AP., Hyderabad.
2 Khaja Usamuddin S/o. Late Md.Khaja Nooruddin, R/o. H.No. 4-10- 41/1/3/6A, Jalal Baba Nagar, 9 Number, Rajendranagar.
. Respondent/Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 393 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6793 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-9) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 434 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6794 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 433 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6795 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 432 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6796 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 396 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6797 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 417 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6798 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent/Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 394 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6800 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 423 of 2014 on the file of the PS., Rajendernagar, RR District.
CRLP .NO:6801 of 2014 Between:
Sardar Hardayal Singh S/o. Chawan Singh, (A-7) . Petitioner/Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent Counsel for the Petitioner : SRI PRAKASH CHAKRAVARTHY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the Crime No. 395 of 2014 on the file of the PS., Rajendernagar, RR District.
The Court made the following COMMON ORDER:
“These Criminal Petitions 5766(Cr.No.389 of 2014), 5765(Cr.No.390 of 2014), 5974(Cr.No.393 of 2014),6798(Cr.No.394 of 2014),6801 (Cr.No.391 of 2014), 6796 (Cr.No.396 of 2014), 6797 (Cr.No.417 of 2014), 6800(Cr.No.423 of 2014), 6795 (Cr.No.432 of 2014), 6794 (Cr.No.433 of 2014), 6793(Cr.No.434 of 2014) of 2014 (all crimes are of Rajendranagar P.S., registered for the offences punishable under Sections 147, 148, 448, 427, 436, 506,153-A read with 149 of I.P.C. and section 25 of Arms Act, and in some cases under Section 305 of I.P.C. as the case may be), are filed under Sections 437 and 439 of Cr.P.C. by the petitioner who is arrayed as A.9 in some cases and A.7 in other cases. seeking to grant bail.
2. Heard the Learned Counsel for the Petitioner, the Learned Public Prosecutor for the Respondent-State in all the petitions and perused the material placed on record.
3. On perusal of the record, it shows that this petitioner among others is in judicial custody with effect from 15.05.2014. The combined reading of respective reports in registering the crimes in all the cases discloses in nutshell as follows:-
Some unknown miscreants had burnt the Nishan Saheb(religious flag) of Sikh community prior to the present incident. In this regard, on 14.05.2014 at Harsha Mahal, sikh Chawani, Rajendranagar a mob of Sikh community including the accused whose names mentioned in the complaint, armed with swords suddenly came to the houses of respective defacto-complainants, attacked and caused some of them injuries, abused in filthy language, damaged their household articles and vehicles and chased to kill some of the defacto-complainants.
4. The contention of the learned counsel for the petitioner is that had there been any truth of trying to kill, there would be serious injuries but not trivial injuries within the range of self-inflictions and this is nothing but false implication of the petitioner in these crimes and even his name is also not there in any of the complaints.
5. A perusal of the case diary and submission by the learned Public Prosecutor by opposing the bail of law and order problem may arise show that this petitioner has no any bad antecedents and never involved in any crime and there is no disclosure of the name of the petitioner in all the above referred crimes as one among the 11 persons.
6. Having regard to the above from the propensity of the crime vis-à- vis the personal liberty and taking into consideration of contentions of learned counsel for the petitioner as well as the learned Public Prosecutor; the Criminal Petitions are allowed granting bail in all the crimes subject to the following conditions:
[1] Petitioner shall execute a self-bond for Rs.25,000/- [Rupees twenty five thousand only] with two sureties for the like sum each to the satisfaction of the arresting authority, otherwise giving liberty to the petitioner to submit before the Judicial Magistrate of First Class having the jurisdiction for taking to custody and enlarge. The bond to be obtained is not only to appear before the Court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or pre committal enquiry before said Court, but also thereafter on committal before the Court of Sessions or by virtue of any transfer of proceedings for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before provisional or appellate Court or other superior Court - vide decision - Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting their further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
[2] Petitioner shall report before the Station House Officer, concerned on every Sunday till filing of the charge sheet and thereafter once in a month on 1st Sunday till completion of trial/enquiry between 10.00 and 11.00 AM for assurance of his availability and non-
interference in any manner with the witnesses.
[3] Petitioner shall not enter the area where the victim and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.
[4] Petitioner shall attend before the Court of law regularly in enquiry and trial without fail, if not his bail shall be cancelled forthwith, without any further order so that, the Magistrate can also issue NBW by cancelling the bail from the power under section 439 [2] CrPC. delegated to the learned Magistrate by this order during pendency of proceedings before the Magistrate.
[5] Petitioner shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
[6] Petitioner shall furnish his full address with property and Bank Account particulars and submit his passport if any, after enlargement of bail on the next hearing date before the Magistrate Court concerned (for collecting by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial court in the event of considering the need of awarding compensation under section 357 CrPC. So to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under section 437A CrPC. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
[7] The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioners as accused for hearing/enquiry or trial, issuance of non bailable warrant- NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Sec.439(2) CrPC. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 CrPC. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The VIII Metropolitan Magistrate, Rajendranagar, RR District
2. The Station House Officer, P.S. Rajendranagar, RR District
3. The Superintendent, Cherlapally Central Jail, RR District
4. Two CCs to Public Prosecutor, High Court Buildings, Hyderabad (OUT)
5. One CC to Sri Prakash Chakravarthy, Advocate (OPUC)
6. One Spare Copy HIGH COURT AB DRAFTED ON 25-6-2014 DR.SSRBJ DATE: 19-6-2014 ORDER CRL.P. NOS. 5765, 5766, 5794, 6793, 6794, 6795, 6796, 6797, 6798, 6800 & 6801 of 2014 BAIL