Andhra Pradesh High Court - Amravati
Shaik Raheem Basha Hussain Basha ... vs The State Of Andhra Pradesh on 10 February, 2023
THE HON'BLE MS JUSTICE B.S.BHANUMATHI
Criminal Petition No.868 of 2023
ORDER :
This Criminal Petition is filed seeking bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973 ('CrPC') to the petitioner/A13 in Crime No.51 of 2022 of Cyber Crime Police Station, Vijayawada registered for the offence punishable under Sections 420, 120-B IPC, Section 4 and 5 of Prize, Chits and Money Circulation Scheme (banning) Act, 1978, Section 4 and 5 of AP Protection of Depositors of Financial Establishment Act, 1999 and Section 66 of Information Technology Act, 2000.
2. Heard Sri Kakumaniu Joji Amrutha Raju, learned counsel for the petitioner/A.13 and Sri K.Anand Kumar, learned Assistant Public Prosecutor representing the respondent/State.
3. The case of prosecution, in brief is that A.2 got registered A.1 firm under the name and style "Sankalpmart' through a software person by name Rompicherla Vijaya Rama Seshacharyulu in the website and created I.P. address, designed programme for learning members into 10 levels inviting deposits offering higher income on their investments and collected deposits from several customers. Later, A.1 and A.2, with the deposits of the customers, purchased properties in various places. Petitioner/A.13 initially joined as member in A.1 company and got huge returns and induced so many customers 2 Crl.P.No.868 of 2023 and got deposited money in favour of schemes. Petitioner attended several meetings of the company and in criminal conspiracy with other accused, induced innocent public in joining as members in various schemes of the company and alleged huge deposits. It is further alleged that basing on the confession of other accused, the petitioner as accused No.13 was arrested.
4. Learned counsel for the petitioner submitted that the petitioner/A13 was taken in remand for judicial custody on 11.12.2022 and since then by today 60 days are completed, but no charge sheet has been filed, nor the investigation is completed and that the petitioner is entitled to bail.
5. Learned Assistant Public Prosecutor submitted that the charge sheet is not filed and the investigation is yet to be completed.
6. In view of the above submissions, since he has been in judicial custody from 11.12.2022 and the charge sheet is not filed, the petitioner is entitled to bail, however subject to certain conditions.
7. In the result, the petition is allowed. The petitioner/A.13 in Crime No.51 of 2022 Cyber Crime Police Station, Vijayawada shall be released on bail on his executing personal bond for a sum of Rs.1,00,000/- (Rupees one lakh 3 Crl.P.No.868 of 2023 only) with two sureties for the like amount each, to the satisfaction of the learned Special Judge for trial of APPDFE Act Cases - cum - Metropolitan Sessions Judge, Vijayawada, and subject to complying the following conditions:
i. The petitioner/A-13 shall appear before the Station House Officer on every Sunday between 10.00 A.M. and 5.00 P.M. starting after of his release until further orders or till charge sheet is filed, whichever is earlier.
ii. The petitioner/A-13 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Investigating or Police Officer;
iii. He shall co-operate with the investigation, and shall not tamper the evidence.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE B.S.BHANUMATHI Date : 10-02-2023 SAB