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2025 DAILYLAW 4600 (AP)

SYED MASTAN SHARIEF @SHARIFF v. THE STATE OF ANDHRA PRADESH

CRLP/731/2025 · 2025-02-06

K Sreenivasa Reddy

body2025

Judgment text

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lN THE HIGH COURT -OF ANDHRA PRADESH AT AMARAVATL~==.I,`;,I -_i -,ti-_ + THURSDAY, THE SIXTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 731 OF 2025 J `-`t \rr3l Betwee n : syed Mastan Sharief @ Shariff, C/o. Syed Malim Basha, Aged about 35 years, occ: Junior Assistant, Revenue Divisional Officer, Narasaraopeta, palnadu District, R/o.1-823, Ajay N|agar, Mangalgiri, Guntur-522503. f ...Petitioner/Accused No.18 AND The State of Andhra Pradesh, Rep. by SHO, Prathipadu Police Station,Guntur District Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District. ...Respondent/Complainant ~ petition under section 482 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to `felease the Petitioner/Accused No.18 by granting anticipatory bail in the event of his arrest in Cr.No.182/2024 of prath'lpadu police station, Guntur Distr'ICt', ~ The pet-ltion coming on for hearing, upon Perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of M/s Aishwarya Nagula, Advocate for the Petitioner and Public Prosecutor for the Respondent; €==- E=iiTii= ORDER:- This Criminal Petition, under section 482 of the Bharatiya Nagarik Suraksha sanhita, 2023 (for short lBNSS') has been filed on behalf of the petitioner/accused No.18 to grant anticipatory bail in connection with crime No.182 of 2024 of Prathipadu Police Station, Guntur District. 2. A case has been registered against the petitioner/ accused No.18 and others for the offences punishable under Sections 467, 468 and 420 read with 34 of the lndl-an Penal Code, 1860 (for brevI'ty IIPC'). 3. Case of the prosecution, in brief, is that, the defacto complainant owns an extent of Ac.03.00 cents agricultural land in Survey Nos.836, 837 and 884/1 within the limits of Mukkellapadu village, Nuzendla Mandal, Palnadu Dl'strict,I that on 01.07.2005 he was alleged to have taken agricultural loan of Rs.2,00,000/- in Canara Bank (erstwhile syndicate Bank) at Kurichedu Mandal of Prakasam District on the above said land and it is being continued,I that on 16.01.2020, the accused Nos.1 and 2, who are the Secretary, and the president, respectively, of PACS No.392, wl'th an intention to cheat the defacto complal-nant, are alleged to have created fake Aadhar card, passbook, photographs and bonds and AZZ3f;z3ffAfFA T><±±- ±r +I €=te I----_i. J' submitted the same in PACS No.392 located in Chinakondrupadu village, Prathipadu MandaI, and obtained loan of Rs.6,00,000/- agal'nst the above said lands. The case was reported to police and a case in Crime No.182 of 2024 of Prathipadu Police Station was registered for the aforesaid offences and investigated into. 4. Learned counsel for the petitioner/accused No.18 would contend that except the confessional statement of co- accused, there is no other material available on record to connect the petitI'Oner/accused No.18 to the crime. 5. Learned Assistant Publl'c Prosecutor for state would contend that huge amount of Rs.36.00 lakhs has been misappropriated by creatI-ng fake documents Which Caused loss to the Government exchequer; that the investigation I'S under Progress. Hence, prays to dismiss the criminal petition. 6. Heard. Perused the record. 7. Aperusal of material available on record goesto show that except the confessional statements of the accused, a,,'ma fac,'e there is no other material on record to connect the petitioner/ accused No.18 to the crime. As per the confessional statement of the accused, the petitI-Oner herein/accused No.18 was alleged to have uploaded the fake data of non-existing lands in favour of fake . -.`-- farmers to the webland twhich benefited the fake farmers. A perusal of material available on record further goes to show that the police categorically observed to the extent that as sufficient evidence against some of the accused, is not yet available and soon after t| collecting evidence, they w6uld be arrested. As on the date, the lnvestI'gating Officer did not collect any material except the confessional statement of other accused, whI-Ch Pry-ma faC,-e does not connect the accusation as against the petl'tioner/accused No.18. ln view of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused No-18. 8. Accordingly, I-n the event of arrest of petI-tiOner/ accused No.18 in the above crime, he shall be released on bail on executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the Satisfaction Of the arresting officials, and also on condition that the petitioner/accused No.18 shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promI'Se tO the Prosecution Witnesses. The petitioner/accused No.18 shall appear before the Station House iE=- EE=DE= officer concerned one~ in a week ,a.e. on every sunday between 10.00 a.m. and 1.00 p.m., till filing of the charge sheet. 9. Accordingly, the criminal Petition is allowed. sD/- V.SAVITHRI GOWRl EGISTRAR SECTION O-FFICE //TRUE COPY// f--LTD Fc To, 1. The Station House Officer, Prathipadu Poll'ce Station, Guntur District. 2. One CC to Sri. Aishwarya Nagula, Advocate [OPUC] 3. Two CCs to Public Prosecutor, Hl-gh Court ofAP [OUT] 4. One spare copy MM t / / HIGH COURT SRK,J DATED : 06/02/2025 ORDER CRLP.No.731 of 2025 ALLOWED I..,!4b?:#ngng¥l®H FEEL `seELIA_RE Eg