24 Nov 2023 6:30 AM GMT
The Supreme Court recently (on November 22) granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber.Earlier, the students had filed the plea seeking anticipatory bail before the Hyderabad bench of Telangana High Court. However, the Court, after taking note of the fact that the accused persons had trespassed into the advocates’ office...
The Supreme Court recently (on November 22) granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber.
Earlier, the students had filed the plea seeking anticipatory bail before the Hyderabad bench of Telangana High Court. However, the Court, after taking note of the fact that the accused persons had trespassed into the advocates’ office and assaulted both the advocates, dismissed the petition.
“Since the petitioners have trespassed into the premises and assaulted both the Advocates, who are de-facto complainant, and another, this Court is not inclined to grant relief of anticipatory bail.,” the High Court held.
One may also note that the High Court had also recorded that, in the complaint filed by the advocate, accused persons were also slapped with allegations for assaulting a woman advocate as well. Apart from this, the offence of trespassing was also alleged.
“The de-facto complainant filed a written complaint on 27.07.2023 alleging that these petitioners have trespassed into their office and assaulted both the de-facto complainant and the woman advocate in the office. The de-facto complainant received injuries on the face and eye. The woman advocate was assaulted, amounting to outraging her modesty.”
In view of these facts and circumstances, the accused persons approached the Supreme Court in an appeal. The Top Court was of the opinion that there was no material for keeping the appellants in custody at this stage. Apart from this, the Court also observed that the appellants’ detention is not justifiable in the absence of any other serious reasons.
“There appears to be conflicting complaints between the appellants and the injured lawyers. The appellants are meant to have caused serious injuries to one of the lawyers. We, however, do not find any material which would justify custodial interrogation of the appellants. There are no other aggravating circumstances also which would justify their detention at the investigation stage.”
Against this backdrop, the Court allowed the appeal. However, the Court imposed a few conditions. It directed appellants to be present at the office of the investigating officer once a week, every Saturday at 5.00 p.m., till the filing of the charge sheet. Besides this, the appellants are also not to interfere with or influence the witnesses while remaining enlarged on bail.
Case Title: MIR SHUJATH ALI KHAN ETC. vs. THE STATE OF TELANGANA., Diary No.- 43095 - 2023
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