DILAWAR KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Inasmuch as all these petitions arise out of the same case and as common questions of law and fact are involved, all these petitions can be disposed of together.

(2.) The petitioners herein are the accused in Crime No. 475 of 2001 of Alwal Police Station. These petitioners are alleged to have committed the offences punishable under Sections 409 and 420 of the Indian Penal Code, under Section 5 of A.P. Protection of Depositors of Financial Establishments Act, 1999 and under Section 138 of the Negotiable Instruments Act. These petitioners approached the Sessions Court of Ranga Reddy District seeking bail, they having been arrested by the Investigating Officer in connection with the said crime on different dates. Except A. 11 in the crime all other petitioners were arrested on 11.1.2002. A. 11 was arrested on 19.1.2002. The learned Sessions Judge by separate orders granted bails to these petitioners on the condition of the petitioners each executing a bond for Rs. 2 lakhs with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Medchal. A condition has been imposed by the learned Sessions Judge directing the petitioners to appear before the Station House Officer, Alwal Police Station, on every alternate day from 1.2.2002 onwards and further they shall not in any manner alienate and encumber their personal properties as well as the properties of the Bank. Having been aggrieved by the bond amount fixed by the learned Sessions Judge on the premise that it is onerous, all these petitioners approached this Court seeking modification of the same.

(3.) After having heard these petitions, this Court directed show-cause notices to be issued to the petitioners as to why the bails granted to them shall not be cancelled, suo motu. Pursuant to the said notices, the accused 1, 3, 4, 5, and 7 filed a counter. The other accused have not chosen to file any counter and they have adopted the arguments addressed by the learned Counsel appearing for the accused 1, 3,4, 5 and 7.