AYUB KHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the appellant in Criminal Appeal No.39 of 2022 pending on the file of II Additional Metropolitan Sessions Judge who has filed the present petition seeking bail under Sec. 389 (2) r/w Sec. 482 of Cr.P.C, on the ground that he has undergone imprisonment of nearly four years seven months, when the conviction recorded by the trial Court is five years under sec. 420 of IPC.

(2.) Sri V.Surender Rao, learned counsel for the petitioner/A1 has relied upon on unreported judgment of the Hon 'ble Supreme Court in Criminal Appeal No.302/2022 arising out of SLP (Crl.) No.9969/2021, wherein the Hon 'ble Supreme Court enlarged the petitioner/appellant therein as he was in custody for more than 6 years and the maximum term of imprisonment is 7 years for the offence alleged, relying upon Sec. 436-A of Cr.P.C.

(3.) In the present case, the petitioner/A1 has served almost 4 years 7 months in jail. When the matter came up for hearing on 27/4/2022, this Court passed the following order: