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2023 DIGILAW 443 (TS)

Mathangi Mphan v. State of Telangana

2023-06-14

K.SURENDER

body2023
JUDGMENT 1. This Criminal Revision Case is filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), to set aside the order dtd. 21/3/2018 passed in Crl.M.P.No.133 of 2018 by the learned VI Additional Sessions Judge, Nalgonda, cancelling the bail granted to the petitioner - accused No.10 in Crime No.20 of 2018 of Nalgonda II Town Police Station. 2. Heard. Perused the record. 3. The State - 1st respondent has filed an application under Sec. 439(2) of Cr.P.C. praying to cancel the bail granted to the petitioner - accused No.10 in Crl.M.P.No.119 of 2018 vide Crl.M.P.No.133 of 2018 before the learned Family Court Judge-cum-VI Additional Sessions Judge, Nalgonda. After hearing arguments, the learned Sessions Judge has allowed the above application, by cancelling the bail granted to the petitioner - accused No.10 and directed him to surrender before the Court concerned. Aggrieved by the same, the petitioner - accused No.10 has preferred the present revision. 4. On 3/4/2018, this Court has found favour with the argument of the learned counsel for the petitioner that Sec. 202 of IPC is a bailable offence and suspended the impugned order dtd. 21/3/2018 passed in Crl.M.P.No.133 of 2018 by the learned Sessions Judge. 5. It is not in dispute that the offence alleged against the petitioner is Sec. 202 of IPC which is a bailable offence. Suspension orders were passed way back on 3/4/2018. It is further not in dispute that the petitioner is appearing before the Court and undergoing the process of trial. In the said circumstances, when the offence alleged against the petitioner is a bailable offence and the order cancelling the bail prima facie is illegal, the impugned order dtd. 21/3/2018 cancelling bail granted to the petitioner is liable to be set aside. 6. Accordingly, the Criminal Revision Case is allowed and the impugned order dtd. 21/3/2018 passed in Crl.M.P.No.133 of 2018 by the learned VI Additional Sessions Judge, Nalgonda, is hereby set aside. Miscellaneous Petitions, pending if any, shall stand closed.