Sriramulu Rohith vs. The Superintendent Customs (Preventive)
Facts
The petitioner, Sriramulu Rohith, an accused in a case registered by the Superintendent Customs (Preventive), Hyderabad, was granted bail by the Special Judge for Economic Offences, Hyderabad. However, the bail order dated July 17, 2022, imposed a condition that the petitioner furnish a personal bond of Rs. 11 lakhs with two sureties for a like sum each. Due to his inability to furnish the required solvency, the petitioner remained in jail. He filed a Criminal Petition before the High Court of Telangana seeking modification of the bail conditions, specifically to reduce the surety amount. The respondent, represented by the Special Public Prosecutor, sought appropriate orders based on the merits of the case.
Held
The High Court, considering the submissions of the learned counsel for the petitioner and the Special Public Prosecutor, and noting the petitioner's financial inability to furnish the solvency as per the impugned order, found that the order could be modified as prayed for. The Court held that the petitioner/accused shall be enlarged on bail upon executing a personal bond for Rs. 50,000/- with two sureties for a like sum each, to the satisfaction of the Court of Special Judge for Economic Offences, Hyderabad. All other conditions imposed by the Special Judge were to remain in force. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the High Court has the power to modify the bail conditions imposed by the Special Judge for Economic Offences, particularly concerning the surety amount, under Section 482 read with Section 440(2) of the Cr.P.C.? Petitioner's Argument: The petitioner argued that due to his financial inability, he was unable to furnish the solvency required by the bail order, leading to his continued detention despite being granted bail. He sought a reduction in the surety amount to enable him to secure his release. Revenue/State's Argument: The Special Public Prosecutor for Economic Offences submitted that the Court should pass appropriate orders based on the merits of the case, implying no specific objection to a modification if warranted by the circumstances.
Sections Cited
Section 482, Section 440(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD FRIDAY,THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 7115 OF 2022 Between:
Sriramulu Rohith, S/o. Jithendar Sriramulu, Aged about 22 years, Occ Unemployee, R/o. 2-109, Yakeenpur, Koratla, Jagityal, Telangana - 505462. ...PETITIONER AND 2. The Superintendent Customs (Preventive), Customs Commissionerate Hqrs Office, GST Bhavan, Basheerbagh, Hyderabad, Rep by its Special Public Prosecutor. Petition under Section 482 rlw 440(2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased topleased to lModify the conditions imposed by the Special Judge for Economic Offences, Hyderabad in Crl.M.P.No.1672 o'f 2022 in HQPOR No.8/2022(Comp.No.) HQPOR No.4712o22-Cus, Prev.(Reg.No.), Registered by the Superintendent Customs (Preventive), Hyderabad, by reducing the Surety amount from Rs.3,00,0001 to Rs.25,0001, each with two sureties and pass This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Y.
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