Andhra Pradesh High Court - Amravati
Shaik Chinna Rafi Alias Rafi, vs State Of Andhra Pradesh, on 16 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3429 OF 2021 Between: 1. Shaik Chinna Rafi @ Rafi, S/o. Masthan, aged about 24 years, Polinaiducheruvu Village, Buchireddy Palem Mandal, SPSR Nellore District. 2. Shaik Fayaz @ Laalu @ Ma Basha, S/o. Masthan, aged about 21 years, Polinaiducheruvu Village, Buchireddy palem Mandal, SPSR Nellore District. 3. Shaik Shahul, S/o. Nagoor, aged about 21 years, Polinaiducheruvu Village, Buchireddy palem Mandal, SPSR Nellore District. 4, Shaik Salam, S/o. Rasool Saheb, aged about 33 years, Polinaiducheruvu village, Buchireddy palem Mandal, SPSR Nellore District. 5. Shaik Sharif, S/o. Ramthulla, aged about 30 years, Polinaiducheruvu village, Buchireddy palem Mandal, SPSR Nellore District. 6. Shaik Dastagiri, S/o. Imam Saheb, aged about 20 years, Polinaiducheruvu Village, Buchireddy palem Mandal, SPSR Nellore District. 7. Shaik Nagoor, S/o. Ramthulla, aged about 42 years, Polinaiducheruvu Village, Buchireddy palem Mandal, SPSR Nellore District. Petitioner/Accused No.1 to 7 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi Respondents Petition under Sections 437 and 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners who are arrayed as Accused No.1 to 7 on bail in connection with Crime No.191 of 2021 on the file of Buchireddypalem Police Station, Buchireddypalem Mandal, SPSR Nellore District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI V SIVAPRASAD REDDY Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:
% N THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3429 of 2021 ORDER:-
This petition is filed under Sections 437 and 439 of Cade of the Criminal Procedure, 1973 {for short 'Cr.P.C.} seeking regular bail to the petitioners/Accused Nos.1 to 7 in connection with Crime No.191 of 2021 of Buchireddypalem Police Station, SPSR Nellore District for the offences punishable under Sections 307, 324 r/w 34 of the Indian Penal Code, 1860 (for short IPC).
2. The case of the prosecution is that on 09.05.2021 at 8.30 p.m.at Polinaiducheruvu village, keeping the previous grudges in mind, accused No.1 to 7 with an intention to kill the brother-in-law of defacto complainant, beat him with crowbar and caused bleeding injuries to him, in the meanwhile when the defacto complainant tried to pacify the matter, they also beat him and caused bleeding injuries.
3. Heard Sri V.Siva Prasad Reddy, learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4, | Learned counsel for the petitioners submits that the petitioners have not committed the offence as alleged and they have falsely implicated in this case and further submits that they were arrested on 15.05.2021 and since then the police have not filed charge sheet, as such they are entitled for default bail. It is further submitted that the injuries sustained by the complainant are simple in nature and Section 307 IPC is not attracted. a coal "eo wot S, On the other hand, the learned Additional Public Prosecutor does not dispute the fact that charge sheet is not filed and the petitioners are in jail for more than 62 days. 6, Taking into consideration the fact that the petitioners are languishing in jail from the last 62 days and substantial part of investigation is completed, this Court deems it appropriate to grant bail to the petitioners.
7, Accordingly, this Criminal Petition is allowed, The petitioners / A-1 to A-7 shall be enlarged on bail in Crime No.191 of 2021 of Buchireddypalem Police Station, SPSR Nellore District on execution of self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial Magistrate of First Class, Kovvur, SPSR Nellore District. On such release, the petitioners shall co-operate with the investigation.
Consequently, miscellaneous applications pending, if any, shall stand closed. census ay Pd REDDY |-M.SURYANADHA R s° ASSISTANT REGISTRAR fr TRUE COPY coc taNT REGISTRAR dd}. District & Sessio' 2 the vagitional Judicial Magistrate of First C 3, The Superintendent, Ne
4. The Station lass, Kovur, SP Buchireddypalem Police Stat Mandal, SPSR Nellore Oe 5 REDDY Advooate [ORY VA OUT > one Co 1 SE BLIC PROSECUTOR, High Court of AP fouT)
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7. One spare COPY DY ons Judge, Nellore SR Nellore District ore Central Jail, Nellore ion, Buchireddypalem HIGH COURT LKJ DATED:16/07/2021 ORDER CRLP.No.3429 of 2021 ALLOWED