Gampala Venkat Reddy vs State Of Telangana

This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 , to quash the docket order dated 18.04.2022 in Crl.M.P. No.105 of 2022 in Crime No.218 of 2022 of Choutuppal Police Station to the extent of posting the bail application to 02.05.2022, and for a consequential direction to the learned V Additional District and Sessions Judge, Nalgonda to dispose of the bail application within one (01) week from the date of its filing i.e., 18.04.2022 in terms of the Circular issued by this Court vide ROC No.10/Reg.Judl/2017, dated 31.05.2017.

Heard Mr. Abhinav Krishna Uppaluri, learned counsel for the petitioner.

Perusal of the record would reveal that the petitioner herein is the sole accused in Crime No.218 of 2022 of Choutuppal Police Station, Rachakonda Commissionerate. The offences alleged against him are under Sections - 452, 376 and 506 read with 511 of IPC. In view of the relief sought by the petitioner herein, there is no need to consider and refer the allegations levelled against him and merits of the case.

The Hon’ble Supreme Court in Hussain v. Union of India with Aasu v. State of Rajasthan AIR 2017 SC 1362 laid down certain guidelines and directed all the High Courts to issue directions to the subordinate Courts with regard to the disposal of bail applications and the same are extracted as under:

“(a) Bail applications be disposed of normally within one week;

(b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years;

(c) Efforts be made to dispose of all cases which are five years old by the end of the year;

(d) As a supplement to Section 436A, but consistent with the spirit thereof, if an under trial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such under trial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time;

(e) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports. (emphasis added) ”

In compliance of the above, the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh had issued a Circular, dated 31.05.2017 vide RoC No.10/Reg.Judl/2017.

The grievance of the petitioner herein is that the Court below without considering the said guidelines of the Apex Court and the Circular issued by this Court, posted the bail application to 02.05.2022.

Mr. Abhinav Krishna Uppaluri, learned counsel for the petitioner, would submit that the petitioner herein had filed a petition seeking advancement of hearing of the bail application Yesterday i.e., 19.04.2022, and the Court below without considering it, directed the petitioner to serve notice on the learned Public Prosecutor and posted to 21.04.2022. Therefore, the Court below failed to follow the guidelines issued by the Apex Court and also the Circular of this Court dated 31.05.2017. The petitioner herein is in Jail from 13.04.2022. He is 60 years old and a retired employee.

In view of the above discussion, learned V Additional District and Sessions Judge, Nalgonda, is directed to dispose of the bail application filed by the petitioner herein vide Crl.M.P. No.105 of 2022 in Crime No.218 of 2022 of Choutuppal Police Station, in terms of the guidelines issued by the Apex Court in Hussain AIR 2017 SC 1362 and also the Circular, dated 31.05.2017 issued by this Court.

The present Criminal Petition is accordingly disposed of.

As a sequel, the miscellaneous petitions, if any, pending in the criminal petition shall stand closed.