HYDERABAD: Justice K Surender of the Telangana High Court granted bail to an accused in a ganja smuggling case, after police failed to file a chargesheet before the mandatory period to complete investigation in Ganja smuggling case registered by Bhadradri Kothagudem district police and also directed the accused to execute a personal bond for Rs 50,000 with two sureties of Rs 50,000 each.
The court also directed the Magistrate Courts as well as the Special Courts that the accused should be made aware of their statutory right of bail, when the accused is produced before them and before sending the accused to judicial remand.
“It is not only the duty of the court to enforce the right of the accused to be released of bail but also that the accused should be made aware of their statutory right and the courts will not in any manner be burdened if the right of the accused is informed to them,” observed Justice K Surender, while directing the Registry to circulate a copy of the court order to all the courts concerned in Telangana.
The court also observed that in a number of cases, the Magistrates of the special courts where the accused are remanded, are refusing to entertain bail petitions on the ground that bail applications are pending in the competent courts. “It is the discretion of the said court either to grant or refuse bail. However, the accused has the indefeasible right of being released on bail, if the chargesheet is not filed within the mandatory period, as the case may be, and no extension of time is sought by police as required by the Statute.” The petitioner (accused in the ganja case) contended that as the mandatory period of 180 days had expired and a chargesheet was not filed, he was entitled to statutory bail.