The Court considered the petitioner's criminal background and continuous criminal activities while on bail as reasons to dismiss the bail application.

ORDER :

1. This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short ‘Code’) to release the petitioner-accused No. 1 on bail in C.C. No. 202 of 2017 on the file of Chief Metropolitan Magistrate, Hyderabad.

2. Heard Mr. V. Raghunath, learned counsel for the petitioner-accused No. 1 and the learned Public Prosecutor appearing on behalf of the respondent-State.

3. The petitioner herein is accused No. 1 in C.C. No. 202 of 2017. On the complaint lodged by Rudra Bhaskar, the then Inspector of Police, Kalapathar Police Station, a case in Crime No. 119 of 2016 was registered against the petitioner for the offences under Sections 420, 468, 471 and 120-B of IPC, and also Section 12 (1) (a) (b) of the Indian Passport Act, 1967. The police after completion of investigation filed charge-sheet and the same was taken on file vide C.C. No. 202 of 2017 for the said offences. The trial court after trial, vide judgment dated 07.08.2018 convicted the petitioner-accused No. 1 and imposed sentences of simple imprisonment for a period of two years for the offence under Section 471 of IPC and to pay fine of Rs. 2,000/-. The petitioner was sentenced to suffer simple imprisonment for a period of five years for the offence under Section 420 IPC and to pay a fine of Rs. 2,000/-. He was also sentenced to suffer simple imprisonment for a period of six months for the offence under Section 12 (1)(a)(b) of the Indian Passport Act, 1967 and to pay a fine of Rs. 500/- and in default, to suffer simple imprisonment for a period of two months. Feeling aggrieved by the same, the petitioner herein has preferred an appeal vide Criminal Appeal No. 744 of 2018 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad. Vide judgment dated 24.02.2020, the learned Sessions Judge has disposed of the said criminal appeal setting aside the judgment dated 07.08.2018 passed by the learned Magistrate in C.C. No. 202 of 2017, remanded the matter to the trial Court with a direction to follow the procedure laid down by Chapter XVII and XIX of the Code, frame charges against accused Nos. 1 and 2 as per law, by meeting the accusations made against accused Nos. 1 to 6, 8 and 9, as indicated by it, and conduct further proceedings, and hear both sides before framing appropriate charges. The learned Sessions Judge made it clear that the trial Court should give opportunity to prosecution and accused to adduce further evidence, including recalling of any witness after framing charges. Since accused No. 1 is in judicial custody, the trial Court shall dispose of C.C. No. 202 of 2017 as expeditiously as possible, preferably within six (06) months from the date of receipt of copy of judgment. Accused No. 1 shall continue to be in jail till disposal of C.C. 202 of 2017. Accused No. 1 shall be produced by Jail Authorities before the trial Court at 10.30 A.M. on 06.03.2020. Accused No. 2, who is on bail, shall appear before the trial Court at 10.30 A.M. on 06.03.2020.

4. During pendency of the appeal, the learned Sessions Judge vide Crl. M.P. No. 357 of 2018, has suspended the sentences of imprisonment imposed by the trial Court and the petitioner as well as accused No. 2 were released on bail. The prosecution has filed an application vide Crl. M.P. No. 2606 of 2018 to cancel the bail against the petitioner herein and the same was allowed on 15.09.2018. Aggrieved by the same, the petitioner and accused No. 1 filed Criminal Petition No. 9898 of 2018 before this Court seeking to quash the order dated 15.09.2018 in Crl. M.P. No. 2606 of 2018. This Court vide order dated 30.10.2018, allowed the said petition in part setting aside the order dated 15.09.2018 in so far as accused No. 2 is concerned, and directed the petitioner-accused No. 1 to surrender before the trial Court on or before 01.11.2018. Pursuant to the said direction, the petitioner