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2020 DIGILAW 764 (TS)

Jinaki Laxman Rao Laxman v. State Of Telangana

2020-11-11

K.LAKSHMAN

body2020
JUDGMENT K. Lakshman, J. - This petition is filed under Section 482 of Cr.P.C., by the petitioner/A.13 seeking to modify the order dated 07.10.2020 reducing the surety amount from one lakh rupees to Rs.10,000/-(Ten thousand rupees only) with two sureties, passed in Crl.M.P.No.2918 of 2020 in Cr.No.622 of 2020 by the Metropolitan Sessions Judge, Cyberabad at L.B.Nagar. The offences alleged against the petitioner are under Sections 420, 406 and 506 IPC and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short, 'the TSPDFE Act'). 2. Heard Sri P.Rana Kamalasan, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record. 3. The Court below vide order dated 07.10.2020 in Crl.M.P.No.2918 of 2020 granted regular bail to the petitioner/A.13 on imposing a condition of execution of a personal bond for one lakh rupees with two sureties for likesum each to the satisfaction of the XII Addl. Metropolitan Magistrate at Kukatpally and with a further condition that the surety shall place their identity and residential proofs such as voter ID card or Aadhar card or Ration card. 4. Learned counsel for the petitioner would submit that the petitioner/A.13 is only a driver, who is not in a position to comply with the said conditions by furnishing sureties as directed by the Court below in the above said order. Due to the same, the petitioner/A.13 is languishing in the jail from 02.09.2020. He would further submit that in the very same crime, in the bail application filed by A.14 and A.21, the very same Court vide order dated 19.10.2020 in Crl.M.P.No.3093 of 2020 granted regular bail to the petitioners therein on a condition of execution of a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for likesum each to the satisfaction of the XII Addl. Metropolitan Magistrate at Kukatpally. 5. By referring the same, the leaned counsel for the petitioner seeks to modify the condition imposed by the Court below in the order dated 07.10.2020 in Crl.M.P.No.2918 of 2020 and order dated 19.10.2020 in Crl.P.No.3093 of 2020 in Cr.No.622 of 2020. 6. The petitioner herein is A.13 and he is a driver. The Court below has imposed the above said condition of execution of personal bond for rupees one lakh with two sureties for likesum each to the satisfaction of the learned Magistrate. 6. The petitioner herein is A.13 and he is a driver. The Court below has imposed the above said condition of execution of personal bond for rupees one lakh with two sureties for likesum each to the satisfaction of the learned Magistrate. The very same Court in the very same crime in respect of A.14 and A.21, granted bail imposing a condition of execution of a persona bond for Rs.25,000/-(Rupees twenty five thousand only) with two sureties for likesum each. Though the order was passed on 07.10.2020, granting regular bail to the petitioner/A.13, he has not furnished the said sureties and he is in jail. 7. Considering the said facts and also the facts that the petitioner is a driver, this Court is inclined to grant relief to the petitioner. 8. Therefore, the Criminal Petition is allowed. The order dated 07.10.2020 passed in Crl.M.P.No.2918 of 2020 in Cr.No.622 of 2020 by the Metropolitan Sessions Judge, Cyberabad at L.B.Nagar. is modified as follows:- The petitioner/A.13 is directed to be released on execution of a personal bond for Rs.25,000/-(Rupees twenty five thousand only) with sureties for likesum each to the satisfaction of the learned XII Addl.Metropolitan Magistrate at Kukatpally. The other conditions imposed in the said order, remain unaltered. Miscellaneous petitions pending, if any, shall stand closed.