LAKSHMANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed by petitioner/1st informant under Section 482 r/w 439(2) of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking cancellation of bail in C.C.No.280 of 2019 on the file of the Court of Additional Judicial Magistrate of First Class, Rayachoty in Crime No.378 of 2013 or Rayachoti (Urban) Police Station, granted to respondent Nos.2 to 4 herein who are accused in the above Calendar Case for the offences punishable under Sections 120-B, 406, 409, 420, 467, 468, 471, 474 r/w 34 and 420 of the Indian Penal Code, 1860 r/w 6-C(2) of A.P.Act XXVI of 1971 and Section 81 of Indian Registration Act r/w Section 34 of IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor for respondent No.1-State.

(3.) Learned counsel for the petitioner submits that the Court below has granted bail on August, 2015 and the case was posted to 14.08.2015 for appearance of accused. On 14.08.2015, all the accused were present, copies of all the documents were furnished to them and the case was adjourned to 28.08.2015 for examination of the accused under Section 239 Cr.P.C. Since then, all these three years one or the other of these three accused, in concert with each other of them, are abstaining from attending the Court with common object of stalling trial of the case and the Court below without taking any coercive steps went on adjourning the case from time to time for examination of accused under Section 239 Cr.P.C though the victim is senior citizen, aged 70 years. Learned counsel for the petitioner submits that the Court below has dismissed the application seeking cancellation of bail by the prosecution observing that the reasons of failure of accused to appear before the Court on one or the other reason is not sufficient ground to cancel their bail. Though there is delay in conducting trial it can't be a sole ground to cancel the bail granted in favour of accused as they are not absconded and accordingly, dismissed the petition.