Karnataka High Court
Syed Tanzeem Ahmed @ Tanzeem vs State Of Karnataka on 20 March, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF MARCH 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7508 OF 2013
BETWEEN:
SYED TANZEEM AHMED @ TANZEEM
S/O. ALTAF AHMED
AGED ABOUT 23 YEARS
R/AT NO. 29/9, 9TH 'C' CROSS
NEAR REFFERAL HOSPITAL
J.J.R NAGAR, PADARAYANAPURA
BANGALORE-560026.
... PETITIONER
(BY SRI HASHMATH PASHA, ADV.)
AND:
STATE OF KARNATAKA
BY BASAVESWARANAGAR POLICE STATION
BANGALORE-560079
INVESTIGATED BY NATIONAL INVESTIGATION AGENCY
HYDERABAD
(REPRESENTED BY LEARNED
SPECIAL PUBLIC PROSECUTOR FOR NIA).
... RESPONDENT
(BY SRI C.H.JADHAV, SPECIAL PUBLIC PROSECUTOR)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.384/2012 OF BASAVESHWARANAGARA P.S., BANGALORE
CITY, FOR THE OFFENCES P/U/S. 120B, 121, 121A, 122, 123,
353A & B, 307 AND 379 OF I.P.C. AND U/S. 3 & 25 OF THE
INDIAN ARMS ACT, 1959, AND ALSO U/S. 10, 12, 13, 15, 16, 18,
AND 20 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT,
1967, WHICH IS LATER RE-REGISTERED AS
R.C.NO.4/2012/NIA/HYD BY NATIONAL INVESTIGATION
AGENCY, HYDERABAD, NOW PENDING IN SPL.C.C. NO.52/2013
ON THE FILE OF THE XLIX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-50), BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Learned counsel for the petitioner has filed a memo. Heard the learned counsel for the petitioner and also the learned counsel for the respondent on the memo. The memo reads as hereunder:-
"M E M O It is submitted that the petitioner has preferred the above petition U/s.439 and 167(2) of Cr.P.C. for bail against the order of rejecting bail application filed U/s.167(2) of Cr.P.C. by the Special Court of N.I.A, under Section 21(4) of the National Investigation Agency Act, 2008 an appeal lies to this Hon'ble High Court against the refusal of bail. This has been recently noticed by virtue of the decision of Hon'ble Supreme Court, reported in 2014 Criminal Law Journal, page 44 of the case of State of Andhra Pradesh Vs. Mohammed Hussain. Since the above 3 petition was filed by mistake, therefore the petitioner may be permitted to convert the above petition to an appeal U/s.21(4) of the National Investigation Agency Act, 2008 and it is to be heard by Division Bench of this Hon'ble Court."
2. The bail application filed before the lower Court was heard and disposed of in Special C.C. No.52/2013 and lower Court passed the order dated 1-8-2013. Thereafter, the petitioner approached this Court filing the petition under Section 439 of Cr.P.C. seeking his release on bail.
3. I have perused the decision produced by learned counsel for the respondent reported in (2014) 1 SUPREME COURT CASES 258. In view of the decision of the Hon'ble Supreme Court, the order passed by the lower Court on the bail application is to be heard by the Division Bench of the Hon'ble High Court. 4
4. Therefore, in view of the decision of the Hon'ble Supreme Court, now this Criminal Petition is to be converted as Criminal Appeal. Hence, Office is directed to register this Criminal Petition as Criminal Appeal and Registry is also directed to place the matter before Hon'ble the Chief Justice to obtain appropriate orders to post the matter before the Division Bench as held in the reported decision of the Hon'ble Supreme Court.
Accordingly, the criminal petition is disposed of for statistical purpose.
Sd/-
JUDGE kvk