Tag: anticipatory

Telangana HC adjourns hearing on Kadapa MP’s anticipatory bail plea

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Hyderabad: The Telangana High Court on Friday adjourned, to June 5, the hearing on the anticipatory bail petition of Kadapa MP Y.S. Avinash Reddy in former Andhra Pradesh minister Y.S. Vivekananda Reddy’s murder case.
While the MP’s counsel pleaded to the court to pass an order restraining CBI from taking any harsh measure against him in the case, Justice K. Surender made it clear that it’s not possible to hear the arguments and pass an order immediately.
As the court has summer holidays from Saturday, the judge adjourned the hearing to June 5.

Avinash Reddy’s lawyer Niranjan Reddy requested the court to hear the case during holidays as the CBI is likely to arrest the MP. The judge suggested that in case of any emergency, they may make a request to the Chief Justice.
Counsel then requested the court to at least pass an order restraining the CBI from arresting him for two weeks. The High Court, however, made it clear that in view of the Supreme Court’s judgement, it can’t pass such an order.
The MP’s counsel was suggested to approach a special vacation bench, if necessary.
The Supreme Court had last week set aside Telangana High Court’s interim order, staying his arrest by the CBI till April 25.
The apex court pronounced the order on a petition filed by Vivekananda Reddy’s daughter Suneetha Reddy.

A bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha also extended the deadline for completing the investigation into the case till June 30.
The Supreme Court had earlier fixed April 30 as the deadline for the CBI.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Redddy, appeared before the CBI as per the interim order of the Telangana High Court on his anticipatory bail petition.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy, and uncle of Jagan Mohan Reddy, was murdered at his residence in Pulivendula on March 15, 2019, weeks before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
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#Telangana #adjourns #hearing #Kadapa #MPs #anticipatory #bail #plea
( With inputs from www.siasat.com )

April 28, 2023
Umesh Pal murder: MP/MLA court rejects anticipatory bail plea of Shaista Parveen

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Prayagraj: An MP/MLA court on Thursday rejected the anticipatory bail application of Shaista Parveen, an accused in the Umesh Pal murder case and wife of gangster-turned-politician Atiq Ahmed.
MP/MLA court judge Dinesh Chandra Shukla rejected the application of Parveen after hearing both the sides and considering the circumstances and seriousness of the case, government counsel Gulab Chand Agrahari said.
On February 24, Umesh Pal’s security policemen Raghavendra Singh and Sandeep Nishad were gunned down. The next day, an FIR was registered against Atiq Ahmed, Shaista Parveen, Ashraf, Guddu Muslim, Ghulam and nine other people at the Dhoomanganj police station on the complaint of Jaya Pal, wife of Umesh Pal.

The special court had on March 28 sentenced Atiq Ahmed, Dinesh Pasi and Khan Shoulat Hanif to rigorous life imprisonment in the 17-year-old case of kidnapping of Umesh Pal, the main witness of the BSP MLA Raju Pal murder case.
The court had acquitted seven people, including Atiq Ahmed’s brother Ashraf, in this case due to lack of evidence.
A charge sheet was filed against 11 people, out of whom one died during trial.
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#Umesh #Pal #murder #MPMLA #court #rejects #anticipatory #bail #plea #Shaista #Parveen
( With inputs from www.siasat.com )

April 7, 2023
UP HC grants anticipatory bail to man booked under cow slaughter laws

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Lucknow: The Lucknow bench of the Allahabad High Court has granted anticipatory bail to an accused booked under the cow slaughter Act, saying the evidence cited is shoddy.
Passing the order recently, a bench of Justice Mohd Faiz Alam Khan observed that the case was a glaring example of misuse of the penal law as neither the prohibited animal nor its flesh had been recovered from the possession of the accused or from the spot, and only a rope and some amount of cow dung had been collected by the investigating officer.
In its order, the bench also added, “The duty of the State is to ensure fair investigation which in the considered opinion of this court has not been done in the instant case.”

Hence, the bench said that the order be placed before the DGP for taking necessary action in order to remind the investigating officers of their duty to ensure fair investigation in all criminal cases in general and in the cases pertaining to cow slaughter in particular.
The bench passed the order allowing the anticipatory bail plea of Jadagi alias Najimuddin. His lawyer had pleaded that the applicant was falsely implicated by Sitapur police in the case.
“No prohibited animal or any meat of progeny of cow has been recovered and the investigating officer has only collected the cow dung found on the spot and has sent the same for forensic investigation and during the course of investigation, a report has also been submitted by the Forensic Lab, Mahanagar, Lucknow that cow dung could not be examined,” argued the petitioner’s counsel Narendra Gupta.
In its order, the bench also clarified that that all the observations contained in the order were only for disposal of the instant anticipatory bail application and would not affect the trial proceedings in any manner.

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#grants #anticipatory #bail #man #booked #cow #slaughter #laws
( With inputs from www.siasat.com )

April 4, 2023
2020 Delhi riots: Court rejects anticipatory bail of accused, probe ordered

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New Delhi: A court here has rejected the anticipatory bail of an accused in a case pertaining to the 2020 northeast Delhi riots and directed the Delhi Police to conduct a proper investigation into the case.
The court was hearing the pre-arrest bail plea of Sunder against whom Bhajanpura police station had registered a case for various offences, including for rioting and arson.
“The report (by the investigating officer) shows that till the time of moving this application, the applicant remained untraceable by the police. Moreover, his name has been taken by several eyewitnesses and he is also reported to be appearing in the video footage and in these circumstances, I do not find the applicant entitled to pre-arrest bail,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Wednesday.
The court rejected the argument of Sunder’s advocate that the applicant was granted bail in two other cases registered at the same police station, saying it could not be a “guiding factor” to decide the bail application in the present case.
“At the same time, I am not very much satisfied with the kind of investigation done in the case, wherein no attempt has been made to recover any looted materials. Hence, the matter is referred to the station house officer (SHO) to ensure that a proper investigation is done in this case…IO shall hand over a copy of this order to SHO for compliance,” the court said.
The court noted the IO’s reply, according to which Sunder had joined the investigation on March 6 and allegedly in his disclosure statement, he confessed to having looted and vandalised several stores, including mobile phone shops.
“But surprisingly neither anything has been said about an attempt made to recover the looted articles, nor the requirement of further investigation or interrogation of the applicant and on the contrary, IO reports that custodial interrogation is not required,” the court said noting the reply.
The court also noted that the IO said nothing has been done to recover the looted articles.

(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Delhi #riots #Court #rejects #anticipatory #bail #accused #probe #ordered
( With inputs from www.siasat.com )

March 16, 2023
Asansol BJP leader denied anticipatory bail by HC, likely to be arrested

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Kolkata: The Calcutta High Court on Thursday refused to grant anticipatory bail to BJP leader and councillor of the Asansol Municipal Corporation Chaitali Tiwari and three others in a case relating to a stampede during a blanket distribution ceremony in Asansol on December 14, 2022. Three people had died in the stampede.
The police had brought charges against Tiwari and the others on the basis of a complaint by the son of one of the victims. Tiwari, who is also the leader of the opposition in the Asansol Municipal Corporartion, had then moved the High Court, praying for quashing of the charges.
She also moved another bench of the court, praying for anticipatory bail.
While the High Court refused to quash the charges against her, it did grant her protection from arrest till the bench decided her anticipatory bail plea.
Among the accusations against Tiwari and the others was that they issued coupons for 6,000 blankets but purchased only 3,000.
They were apparently aware that the venue could not accommodate so many people.
It has also been alleged that they faked a permission letter from the West Bengal State Electricity Distribution Company Ltd (WBSEDCL) and even produced it in court to obtain a favourable order.
Senior advocate Sekhar Kr. Basu, appeared for the petitioners and submitted that they had no role to play in the whole incident.

He also maintained that a local electrician had been engaged to obtain the permission from WBSEDCL and he was the one responsible for the fake document.
Advocate Phiroze Edulji, appearing for the de-facto complainant, countered these submissions and pointed out that no police permission was sought for the event and the organisers, including Tiwari, continued to distribute blankets even as the stampede took place.
They also attempted to mislead the judiciary by producing a fake permission letter and deserve no relief, he submitted. The state also opposed the anticipatory bail prayers.
After hearing all sides, the bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi turned down the petitioners’ prayers for anticipatory bail.
The court did not pass any order on the merits of the case though.
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#Asansol #BJP #leader #denied #anticipatory #bail #arrested
( With inputs from www.siasat.com )

February 23, 2023