AYUB KHAN @ AYUB PAHELWAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed by petitioners/accused Nos.1 and 2 under section 482 of Criminal Procedure Code, 1973 (for short "Cr.P.C.") to quash the order dated 15.09.2018 passed in Crl.M.P.No.2606 of 2018 in Crl.M.P.No.357 of 2018 in Crl.A.No.744 of 2018 by the II Additional Metropolitan Sessions Judge, Hyderabad.

(2.) The petitioners are accused Nos.1 and 2 and appellants before the II Additional Metropolitan Sessions Judge, Hyderabad. They faced trial for the offences punishable under Sections 420, 468, 471, 120 (B), 109 read with 34 of Indian Penal Code (for short "I.P.C.") and under Section 12 (1) (a) (b) of Indian Passports Act, 1967 vide C.C.No.202 of 2017 on the file of Chief Metropolitan Magistrate, Hyderabad. The petitioners herein found guilty for the offences punishable under Sections 471 and 420 of I.P.C. and under Sec. 12 (1) (a) (b) of the Indian Passports Act. The petitioners/accused Nos.1 and 2 are sentenced to suffer simple imprisonment for a period of two (2) years for the offence punishable under Sec. 471 of I.P.C. and also to pay fine of Rs. 2,000.00 each and they are further sentenced to suffer simple imprisonment for a period of five (5) years for the offence punishable under Sec. 420 of I.P.C. and also to pay fine of Rs. 2,000.00 each and they are further sentenced to suffer simple imprisonment for a period of six (6) months for the offence punishable under Sec. 12 (1) (a) (b) of Indian Passports Act. Aggrieved by the conviction and sentence passed in C.C.No.202 of 2017, the petitioners preferred Criminal Appeal No.744 of 2018 and also filed a petition under section 389 (1) of Crimial P.C., 1973 vide Crl.M.P.No.357 of 2018. The appellate Court suspended substantive sentence of imprisonment and enlarged the petitioners on bail.

(3.) The respondent - Telangana State filed an application under section 439 (2) of Crimial P.C., 1973 to cancel the bail and set aside the order passed in Crl.M.P.No.357 of 2018 on the ground that the petitioner No.1 is a gangster/rowdy sheeter involved in 68 cases approximately, out of said 68 cases; 6 cases for the offence punishable under Sec. 302 of I.P.C., 8 cases for the offences punishable under Sec. 307 of I.P.C., 5 cases of TADA Act, 9 cases of Arms Act, 2 cases of NDPS Act, 2 cases of dacoit, 2 cases of robbery and 34 other cases for various offences besides other criminal cases which are pending for investigation and that the petitioner No.1/accused No.1 is a notorious criminal even at the age of 16 years. During the year 1990 he and his associates participated in communal riots, created panic in the minds of common public and started extortions at the point of daggers and deadly weapons. No witnesses and complainants are dare enough to depose evidence against the petitioner No.1 and in most of the cases, witnesses turned hostile due to his brutal behaviour and many a times he tried to attack the police with deadly weapons. It is further contended that the petitioners No.1/accused No.1 was also convicted for life imprisonment in a sensational murder case of practicing advocate Mannan Ghouri and while he was in jail, he hatched a plan and obtained fake passport.