STATE OF TELANGANA Vs. MOHAMMED JEELANI

JUDGEMENT

(1.) This Criminal Petition, under Sec. 439(2) of the Code of Criminal Procedure, 1973, is filed by the petitioner-State of Telangana, requesting to cancel the regular bail granted to the respondent-accused, vide order, dtd. 12/11/2018, passed in Crl.M.P.No.1711 of 2018 in Crime No.334 of 2018 of Golconda Police Station, Hyderabad District, by the I Additional Metropolitan Sessions Judge, Hyderabad.

(2.) Heard the submissions of Sri C.Pratap Reddy, the learned Public Prosecutor for the state of Telangana representing the petitioner-State, Sri Mohammed Aslam, the learned counsel for the respondent/accused and perused the record.

(3.) The learned Public Prosecutor for the State of Telangana would submit that the Court below, while granting regular bail to the respondent/accused, held that the entire investigation is completed by examining all the material witnesses and that the respondent-accused is no more required for further investigation and ultimately granted bail to the respondent/accused, which is erroneous. The investigation is not yet completed. The Court of Session overlooked the provision of Sec. 29 of The Protection of Children from Sexual Offences Act, 2012 ('POCSO Act', for brevity) and ultimately prayed to cancel the bail granted to the respondent- accused. In support of his contentions, the learned Public Prosecutor had relied on the decision of the Apex Court in State of Bihar Vs. Rajballav Prasad alias Rajballav Prasad Yadav alia Rajballabh Yadav.,(2017) 2 Supreme Court Cases, 178