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2025 Supreme(Online)(Tel) 75661

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
Shaik Irfan – Appellant
Versus
The State of Telangana – Respondent
CRLP 8042/2025



THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION Nos.8042, 8043 and 8044 of 2025

COMMON ORDER:

These criminal petitions have been filed seeking regular bail in connection with Criminal Appeal Nos. 36, 37, and 38 of 2025, which are pending before the learned II Additional Junior Civil Judge-cum-XIII Additional Judicial Magistrate of First Class, Rajendranagar, wherein the petitioner is arrayed as an accused. Accordingly, these petitions are heard together and are being disposed of by this common order.

2. Heard Ms.Divya Rajput, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. Learned counsel for the petitioner submitted that the petitioner is accused in Crime Nos.567 and 568 of 2023 registered for the offence under Section 392 of Indian Penal Code, 1860 (for short ‘IPC’) and also accused in Crime No.569 of 2023, registered for the offence under Section 382 of IPC and the petitioner was convicted under Section 392 of IPC in C.C.Nos.1901, 2088 and

2089 of 2023 and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- in default of payment of fine, he shall undergo simple imprisonment for a period of one month for each case, vide judgments dated 04.12.2024 and 12.12.2024 on the file of the II Additional Junior Civil Judge-cum- XIII Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar. Aggrieved by the said judgments, petitioner had filed criminal appeals namely Crl.A.Nos.36, 37 and 38 of 2025 and in the above said appeals, petitioner had filed applications namely Crl.M.P.Nos.10, 11 and 12 of 2025, seeking suspension of imprisonment and also enlarge him on bail. The Court below dismissed the above said applications on 10.04.2025. Hence, the petitioner had approached this Court and filed the present petitions.

4. Learned counsel for the petitioner further submitted that the petitioner was falsely implicated in the above crimes and the learned II Additional Junior Civil Judge-cum-XIII Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar without properly considering the oral and documentary evidence on record erroneously convicted the petitioner under Section 392 of IPC and the imprisonment imposed against the petitioner is only three years and petitioner is in jail since more than 250 days. Inspite of the same, the learned Sessions Judge without properly considering the same, dismissed the bail petitions only on the ground that the petitioner is having criminal antecedents. She further submitted that the petitioner is eking out his livelihood by working as private driver and he is ready and willing to prosecute the proceedings pending before the learned Sessions Judge and unless the petitioner is enlarged on bail he will be put to great hardship.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and he is accused in 21 crimes and the above said criminal appeals are coming up for final hearing and the matter is posted to 29.07.2025 for trial and at this stage the petitioner is not entitled for grant of bail.

6. By way of reply, learned counsel for the petitioner submitted that out of 21 crimes, petitioner is acquitted in several crimes and mere pendency of other crimes is not a valid ground to deny the grant of bail in the present cases.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was convicted for the offence under Section 392 of IPC in C.C.Nos.1901, 2088 and 2089 of 2023 and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- in default of payment of fine, he shall undergo simple imprisonment for a period of one month for each case. The record further reveals that the petitioner is accused in several other crimes

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