Andhra Pradesh High Court - Amravati
Rushikesh Paricharak vs The State Of Ap on 7 January, 2022
Author: D Ramesh
Bench: D Ramesh
FRIDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO 'PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 7604 OF 2021 Between: Rushikesh Paricharak, S/o Hanumant Paricharak, Aged about 35 years, Business Executive to AP, N Mart Retail Shops, R/o.D.No. 11015/5, Postal Colony, Near Patne Plot, Haripuroad Village, Sangli District, Maharastra. ..Petitioner AND The State of Andhra Pradesh, Rep. by its Inspector of Police, Regional Office CID Vijayawada/Narasaraopet | Town Police Station, Narasaraopet, Guntur District/ Through its Public Prosecutor High Court of Andhra Pradesh. Respondent/Compliainant Petition filed under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in F.1.R.No. 81 of 2013 on the file of the Narasaraopet | Town Police Station, Narasaraopet, Guntur District (now transferred to on the file of Regional Office, CID, Vijayawada) and direct the respondent police to release the petitioner on bail in the event of the petitioner arrest in the said case. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri SHAIK MOHAMMED ISMAIL, Advocate for the Petitioner, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
"ee THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7604 of 2021 ORDER:
T his petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner/Accused in the event of his arrest in connection with Crime No.81 of 2013 of Narasaraopet I Town Police Station, Narsaraopet, Guntur District (Now on the file of Regional Office, CID, Vijayawada), wherein the petitioner is alleged to have committed the offences punishable under Sections 420 of the Indian Penal Code, 1860 and Sections 4 and 6 r/w r© of the Prize, Chit and Money Circulation Schemes (Banning) Act, 1978.
2. Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
3. This Court has granted interim protection to the petitioner in W.P.No.9672 of 2014 and subsequently, the same was clarified vide common order dated 11.12.2018 in Cri.P.Nos.10837 and 11035 of 2018 wherein it was decided that there is already a protection given to the petitioner, hence, no further orders would be required to be passed in these petitions. Perusal of the record reveals that A-1 and A-2 in the above crime were already granted anticipatory bail vide order dated 14.02.2020 in Crl.P.No.715 of 2020 passed by this Court. Therefore, the petitioner, who is similarly placed, is also entitled for grant of pre-arrest bail.
4. In the result, the criminal petition is allowed and the petitioner /Accused shall be enlarged on bail in the event of his arrest in connection with Crime No.81 of 2013 of Narasaraopet I To, Town Police Station, Narsaraopet, Guntur District (Now on the file ae of Regional Office, CID, Vijayawada, on his executing self bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Investigation Officer, C.1.D., Regional Office at Vijayawada and further petitioner shall appear before the investigation officer whenever they call for investigation. If the petitioner fails to comply with the said condition, the protection granted for the petitioner shall stands vacated.
As a sequel, all the pending miscellaneous applications shall stand closed.
SD/- K.TATA RAO DEPUTY REGISTRAR ITTRUE COPY! For SECTI FICER
1. The Principal District and Sessions Judge, Ongole.
2. The Inspector of Police (Regional Officer), C.I.D., Regional Office, Vijayawada.
3. The Station House Officer, Narasaraopet | Town Police Station, Narsaraopet, Guntur District.
4. One CC to SRI. SHAIK MOHAMMED ISMAIL, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy 'HIGH: COURT DRJ DATED:07/01/2022 ORDER CRLP.No.7604 of 2021 we . ALLOWED 43 yw 2mr2