Telangana High Court
CRLP/16224/2014 of AZHAR SHAH Vs THE STATE OF TELANGANA on 31 December 2014
SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.16224 of 2014 ORDER : The petitioner, who is accused No.2 in Crime No.742 of 2014 of Rajendranagar Police Station, Cyberabad, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in
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Conclusion
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMARCRIMINAL PETITION No.16224 of 2014
ORDER:
The petitioner, who is accused No.2 in Crime No.742 of2014 of Rajendranagar Police Station, Cyberabad, filed the presentapplication under Section 438 Cr.P.C. seeking release in the eventof his arrest in connection with the above crime registered for theoffences punishable under Sections 420, 468 and 471 IPC.
The case of the prosecution is that on 18.08.2014 theinformant lodged a report stating that she is the owner andpossessor of a house plot bearing No.18, Block I, Phase 2,situated in Survey Nos.273, 274, 275 and 281 of Budvel village. Itis alleged that on 06.12.2010 the accused claiming themselves tobe the owners sold the said plot to one Smt. Sheetal Agarwal andtwo others who, in turn, sold the plot to one Nadeem Mustafa andanother on 23.03.2013. It is also alleged that all the accusedcolluded together, created false documents and sold the plot with aview to gain wrongfully. Basing on these allegations, the abovereport came to be lodged.
The learned counsel for the petitioner mainly submits thatthe petitioner is only an attesting witness and he is not awareabout the transaction. The learned Additional Public Prosecutoropposed the application.
The averments in the first information report would showthat on 06/12/2010 the petitioner along with A.1 sold the plot to oneSheetal Agarwal and two others by creating forged and fabricateddocuments and thereafter i.e., on 23.03.2013 the plot was sold toone Nadeem Mustafa and another. Therefore, it cannot be saidthat the petitioner was only an attesting witness. Having regard tothe nature of the allegations made and as the averments in thereport prima facie disclose the offences alleged, I am not inclinedto grant anticipatory bail to the petitioner.
Accordingly, the Criminal Petition is dismissed. However,the petitioner, if so advised, is directed to surrender before theappropriate Court and move an application for bail in theconcerned Court after giving prior notice to the Public Prosecutor,in which event, the same shall be dealt with on merits, inaccordance with law, at the earliest.
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JUSTICE C. PRAVEEN KUMAR
cbs
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
CRIMINAL PETITION No.16224 of 2014
31[st] December, 2014