Andhra Pradesh High Court - Amravati
Ghanta Subba Rao vs The State Of Andhra Pradesh on 7 February, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.7263 of 2021
ORDER:
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail to the petitioner/Accused No.1 in connection with Crime No.29 of 2021 of CID Police Station, Andhra Pradesh, Amaravati, Mangalagiri, wherein the petitioner is alleged to have committed the offences punishable under Sections 166, 167, 418, 420, 465, 468, 471, 409, 201, 109 r/w 120(B) of IPC and sections 13(2) r/w 13(1)(c) and (d) of Prevention of Corruption Act, 1988.
2. Sri B.Adinarayana Rao, learned Senior Counsel appearing on behalf of the petitioner has submitted that considering the submissions this Court granted interim bail to the petitioner by order dated 20.12.2021 and the same is being extended from time to time. Subsequently, this Court has considered the applications made by accused Nos.6, 8 and 10 in different criminal petitions and granted bail with the following conditions.
"In the result, all the three criminal petitions are allowed and the petitioners/A10, A6 and A8 shall be enlarged on bail in connection with Crime No.29/2021 of CID, Economic Offence Wing-II, CID, Andhra Pradesh at Mangalagiri, Guntur District on their executing self bond for a sum of Rs.10,00,000/- (Rupees ten lakhs only) each with two sureties for a like sum each to the satisfaction of the III Additional Sessions Judge-cum-Special Judge for SPE & ACB Cases, Vijayawada. The petitioners/A10, A6 and A8 2 shall appear before the investigating officer twice in a week i.e. on every Tuesday and Saturday from 10 a.m. to 1 p.m. The petitioners shall not leave India without prior permission from the investigating authority and they shall cooperate with the investigation"
3. Sri B.Adinarayana Rao, learned Senior Counsel further submitted that subsequent to the interim bail granted to the petitioner, the investigating officers have called the petitioner thrice and accordingly, he has appeared and submitted his defence and he is cooperating with the investigating agency and whenever they require, he will appear and cooperate with the investigation. Learned Senior Counsel further submitted that as per the condition, the petitioner has been appearing before the investigating officer regularly once in a week and also on the request, he appeared thrice, thus he has appeared before the investigating officer for ten times till now. Learned Senior Counsel therefore prays to confirm the interim bail by making it absolute and modify the condition imposed with regard to his presence before the investigating officer.
4. Learned Standing Counsel appearing on behalf of the State has submitted that in all other matters, the Court has considered and pass orders in Criminal Petition Nos.7265, 7339 of 2021 and 31 of 2022 and the present application may be disposed of with appropriate directions.
5. Considering the submissions made by both the learned counsel and having perused the record, as the petitioner is aged about 62 years and prima facie it appears that there are no specific allegations against him with regard to his involvement, this 3 Court deems it appropriate to confirm the interim bail granted to the petitioner.
6. Accordingly, the interim bail granted to the petitioner vide order dated 20.12.2021 is made absolute and the petitioner is ordered to be released on regular bail on the bail bond already furnished by him. However, the condition imposed earlier as to his appearance before the investigating officer on every Saturday is modified to the effect that he shall report before the investigating officer once in a month i.e., on every fourth Saturday between 10.00 A.M. and 1.00 P.M. It is further directed that the petitioner shall appear before the investigating officer whenever his presence is required and the investigating officer shall give 24 hours notice for the appearance of the petitioner/A1 whenever required. It is also directed that the petitioner shall not leave India without prior permission from the investigating authority and he shall cooperate with the investigation.
7. With the above directions, this criminal petition is disposed of.
______________________ JUSTICE D.RAMESH Date: 07.02.2022 SDP 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7263 of 2021 07-02-2022 SDP