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2020 DIGILAW 682 (AP)

Fayaz Basha v. State Of Andhra Pradesh

2020-10-20

CHEEKATI MANAVENDRANATH ROY

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JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are A-2 to A-4 in Crime No.50 of 2020 of Devanakonda Police Station, Kurnool District. 3. The offences registered against them in the above crime are under Sections 188, 409 and 420 r/w 34 of the Indian Penal Code, 1860. 4. It is the case of the prosecution that the petitioners are working as salesmen in a wine shop being maintained by the Government of Andhra Pradesh at Devanakonda. During the period between 15-04-2020 to 17-04-2020, the stock worth of Rs.4,00,000/- was sold in the said wine shop and the same was not credited to the account of the exchequer and the petitioners have misappropriated the same. Therefore, they have committed the aforesaid offences. 5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 6. Perused the record. 7. Having regard to the grave nature of the offence and seriousness of the allegations, as it is a case where a sum of Rs.4,00,000/- being the sale proceeds of the wine and other intoxicants that was sold in the wine shop, was not credited to the account of the State exchequer and the same was alleged to have been misappropriated by the petitioners, who are admittedly working on temporary basis as salesmen in the said wine shop, this Court is of the considered view that it is not a fit case for grant of anticipatory bail. 8. In the result, this Criminal Petition is dismissed.