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2018 Supreme(AP) 733
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. SATYANARAYANA MURTHY, J.
Ayub Khan @ Ayub Pahelwan & Another - Petitioners
Versus
State of Telangana Represented by its Public Prosecutor - Respondent
Criminal Petition No. 9898 of 2018
Decided On : 30-10-2018
For the Petitioners:T. Pradyumna Kumar Reddy, Advocate
Headnote:
Criminal Procedure Code, 1973 – section 482, 439(2) , 389 (1) Proviso (ii) , 439(2) – Indian Penal Code,1860 – Sections 420, 468, 471, 120 (B), 109 read with 34 – Indian Passports Act, 1967 – Section 12 (1) (a) (b) – Seeking to cancel bail setting aside order of suspension of substantive sentence and to direct them to surrender before police – Whether petitioner 1 & 2 misused liberty granted to them while on bail, suspending substantive sentence of imprisonment is liable to recalled/cancelled – Held, Criminal background of petitioner 1 would prima facie establish that he is involved in various crimes at pre-conviction stage, but not post conviction – Possibility of petitioner 1 involving identical offence or other offences while on bail taking advantage of liberty granted to him cannot be ruled out – Petitioner 2 not involve in any crime and no criminal background is available against petitioner 2 – Order dated passed by II Additional Metropolitan Sessions Judge, is set aside against the petitioner 2 while upholding said order against petitioner 1 and petitioner No.1 directed to surrender before Chief Metropolitan Magistrate – Petition is partly allowed – [Para 36,37 &40]
Facts of the case:
Petitioners created fake passports to leave country and if petitioners are let off on bail there is possibility of fleeing from country and possibility of creating panic in society – Seeking to cancel bail setting aside order of suspension of substantive sentence and to direct them to surrender before police
Findings of the court:
Criminal background of petitioner 1 would prima facie establish that he is involved in various crimes at pre-conviction stage, but not post conviction – Possibility of petitioner 1 involving identical offence or other offences while on bail taking advantage of liberty granted to him cannot be ruled out – Petitioner 2 not involve in any crime and no criminal background is available against petitioner 2 – Order dated passed by II Additional Metropolitan Sessions Judge, is set aside against the petitioner 2 while upholding said order against petitioner 1 and petitioner No.1 directed to surrender before Chief Metropolitan Magistrate
Result: Petition is partly allowed
1. This criminal petition is filed by petitioners/accused Nos.1 and 2 under section 482of Criminal Procedure Code, 1973 (for short "Cr.P.C.") to quash the order dated 15.09.2018 passed in Crl.M.P.No.2606 of 2018 in Crl.M.P.No.357 of 2018 in Crl.A.No.744 of 2018 by the II Additional Metropolitan Sessions Judge, Hyderabad.
2. The petitioners are accused Nos.1 and 2 and appellants before the II Additional Metropolitan Sessions Judge, Hyderabad. They faced trial for the offences punishable under Sections 420, 468, 471, 120 (B), 109 read with 34 of Indian Penal Code (for short "I.P.C.") and under Section 12 (1) (a) (b) of Indian Passports Act, 1967 vide C.C.No.202 of 2017 on the file of Chief Metropolitan Magistrate, Hyderabad. The petitioners herein found guilty for the offences punishable under Sections 471 and 420 of I.P.C. and under Section 12 (1) (a) (b) of the Indian Passports Act. The petitioners/accused Nos.1 and 2 are sentenced to suffer simple imprisonment for a period of two (2) years for the offence punishable under Section 471 of I.P.C. and also to pay fine of Rs. 2,000/- each and they are further sentenced to suffer simple imprisonment for a period of five (5) years for the offence punishable under Section 420 of I.P.C. and also to pay fine of Rs. 2,000/- each and they are further sentenced to suffer simple imprisonment for a period of six (6) months for the offence punishable under Section 12 (1) (a) (b) of Indian Passports Act. Aggrieved by the conviction and sentence passed in C.C.No.202 of 2017, the petitioners preferred Criminal Appeal No.744 of 2018 and also filed a petition under section 389(1) of Cr.P.C., 1973 vide Crl.M.P.No.357 of 2018. The appellate Court suspended substantive sentence of imprisonment and enlarged the petitioners on bail.
3. The respondent - Telangana State filed an application under section 439(2) of Cr.P.C., 1973 to cancel the bail and set aside the order passed in Crl.M.P.No.357 of 2018 on the ground that the petitioner No.1 is a gangster/rowdy sheeter involved in 68 cases approximately, out of said 68 cases; 6 cases for the offence punishable under Section 302 of I.P.C., 8 cases for the offences punishable under Section 307 of I.P.C., 5 cases of TADA Act, 9 cases of Arms Act, 2 cases of NDPS Act, 2 cases of dacoit, 2 cases of robbery and 34 other cases for various offences besides other criminal cases which are pending for investigation and that the petitioner No.1/accused No.1 is a notorious criminal even at the age of 16 years. During the year 1990 he and his associates participated in communal riots, created panic in the minds of common public and started extortions at the point of daggers and deadly weapons. No witnesses and complainants are dare enough to depose evidence against the petitioner No.1 and in most of the cases, witnesses turned hostile due to his brutal behaviour and many a times he tried to attack the police with deadly weapons. It is further contended that the petitioners No.1/accused No.1 was also convicted for life imprisonment in a sensational murder case of practicing advocate Mannan Ghouri and while he was in jail, he hatched a plan and obtained fake passport.
4. During trial in C.C.No.202 of 2017, he committed the following offences.
(i) Extortion case vide Crime No.31 of 2018 punishable under Sections 385, 506, 109 read with 34 I.P.C. of Kamatipura Police Station, which is under investigation.
(ii) Trespass and criminal intimidation case vide C.C.No.282 of 2018 on the file of XVI Additional Chief Metropolitan Magistrate, Hyderabad for the offences punishable under Sections 448, 506, 109 read with 34 of I.P.C. of Falkunna Police Station, which is pending for trial.
(iii) Wrongful confinement for forcible settlement vide Crime No.94 of 2018 under Sections 341, 506, 507, 109 read with 34 of I.P.C. of Rein Bazar Police Station, which is under investigation.
5. Thus, in view of criminal background of accused No.1, the petitioners created fake passports to leave
