Kankam Durga Prasad v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12205 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.1 in Crime.No.242 of 2023 on the file of Alwal Police Station, Cyberabad, registered for the offence under Section 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act'). 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The petitioner is seeking bail on the ground that the direction of the Hon'ble Supreme Court reported in Union of India v. Mohan Lal and another1 was not followed. 4.

Learned counsel appearing for the petitioner would submit that A-2 was released on bail.

1 (2016) 3 SCC 379

5.

The said aspect was not disputed by the learned Additional Public Prosecutor.

6.

On the ground of parity, this Court is inclined to grant the relief of regular bail, subject to following conditions:

i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of I Additional District and Sessions Judge, at Malkajgiri.

ii) The petitioner/Accused No.1 after release shall appear before the concerned Station House Officer as and when required for the purpose of investigation.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 15.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 12205 OF 2023 Dt.15.12.2023 dv