Mohammed Babu v. State Of Ap.,

[ 2690 ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, FIFTEENTH DAY OF MARCH TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HON`BLE SMT JUSTICE T. RAJANI CRIMINAL PETITION NO: 2871 OF 2018 Between:

Mahammad Babar, S/o.Nasar .....Petitioner/A.1 AND The State of A.P., through Station House Officer, Maredumilli P.S., East Godavari District, rep.by Public Prosecutor, High Court at Hyderabad. .....Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A.1 on bail in SC.No.89/2017 pending trial before the 1st Additional District & Sessions Judge, East Godavari at Rajamahendravaram in connection with Crime No.53/2016 on the file of Maredumilli P.S., East Godavari District The petition and the affidavit filed in support thereof and upon hearing the arguments of MR.G.VENKATA REDDY Advocate for the Petitioner and of the Public Prosecutor (AP) for Respondent.

The Court made the following Order:

This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioner, who is accused No.1, on bail, in Cr.No.53 of 2016 on the file of Maredumilli Police Station, East Godavari District. The offence alleged against the petitioner is under Section 8 (c) r/w 20 (b) (ii) (C) of NDPS Act, 1985.

2.

Heard learned counsel for the petitioner/A.1 and learned Public Prosecutor appearing for the respondent-State.

3.

As per the case of the prosecution, one Mr. Babu Rao, who is A.3 in this case, is the friend of the petitioner/A.1 and petitioner/A.1 approached the said Babu rao and expressed that he has no work in his agricultural field and is not able to maintain his family and on the advice of the said Babu Rao, he agreed to transport ganja for a consideration of Rs.20,000/-.

4.

Counsel for the petitioner/A.1 submits that A.5 in this case, who is the person who has dealt with ganja, was granted bail by virtue of the order passed in Crl.M.P.No.2159 of 2018 on 06.06.2017.

5.

Hence, considering the above circumstances, the petition is allowed and the petitioner/A.1 is directed to be enlarged on bail, on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of Judicial Magistrate of First Class, Rampachodavaram. Petitioner/A.1 shall attend the said Police Station on every Monday and Wednesday between 10.00 a.m., and 12.00 noon, till filing of charge sheet. As a sequel, miscellaneous petitions, if any pending, stand closed. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The Judicial First Class Magistrate Rampachodavaram, East Godavari District

2. The 1st Additional District & Sessions Judge, East Godavari at Rajamahendravaram.

3. The Superintendent, Central-Jail, Rajamahendravaram (Rajamundry), East Godavari District

4. The Station House Officer, Maredumilli Police Station, East Godavari District

5. One CC to SRI. G VENKATA REDDY Advocate [OPUC]

6. Two CCs to the PUBLIC PROSECUTOR (AP), High Court at Hyderabad (OUT)

7. One spare copy

HIGH COURT TR,J DATED: 15.3.2018 CRL.P.NO.2871 OF 2018 BAIL

TRk Dated: 15.3.2018 HIGH COURT TR,J DATED: 15.3.2018 CRL.P.NO.2871 OF 2018 BAIL