The Supreme Court in the case MIR Shujath Ali Khand ETC. vs. The State of Telangana observed and has granted an anticipatory bail to the law students who were accused of injuring two advocates inside the chamber of them.
The court observed that earlier, the plea has been moved by the students seeking anticipatory bail before the Hyderabad bench of Telangana High Court.
The court also took not of the fact that the accused persons had trespassed into the advocates’ office and assaulted both the advocates.
The High Court in the case observed and has held that the petitioner 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 in the case also recorded that in the complaint moved by the advocate, accused persons were also slapped with allegations for assaulting a woman advocate as well. Thus, the offence of trespassing was also alleged, apart from this.
Therefore, the de-facto complainant filed a written complaint on July 27, 2023 wherein it alleged that these petitioners have trespassed into their office and assaulted both the de-facto complainant and the woman advocate in the office. Thus, the de-facto complainant received injuries on the face and eye and the woman advocate was assaulted, amounting to outraging her modesty.
However, the accused approached the Supreme Court in an appeal. Thus, the Supreme Court was of the opinion that there was no material for keeping the appellants in custody at this stage.
It has also been observed by the court that the appellants’ detention is not justifiable in the absence of any other serious reasons.
The court in the case observed that there appears to be conflicting complaints between the appellants and the injured lawyers.
The court stated that the appellants are meant to have caused serious injuries to one of the lawyers.
The court remarked that this court do not find any material which would justify custodial interrogation of the appellants and there are no other aggravating circumstances also which would justify their detention at the investigation stage.