A-2 Sachin Naganath Nichal, v. The Union Of India

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12455 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.2 in NCB.F.No.48/1/2/2021/NCB/SUB-ZONE/HYDERABAD & SC.No.75 of 2022, on the file of I Additional District And Sessions Judge, registered for the offence punishable under Sections 8 (c) r/w 20 (b) (ii) (C) of NDPS Act, 1985. 2.

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

3.

Earlier this Court by order dated 05.12.2023 granted bail to A-4 relying on the judgment of the Hon'ble Supreme Court in Rabi Prakash vs. State of Odisha1. The petitioner herein is arrayed as A-2.

4.

On the very same grounds of failure of prosecution to conclude the examination of witnesses and since the 1 2023 SCC online SC 1109

petitioner is in jail from 3 years, the relief of regular bail can be considered, subject to following conditions: i) The petitioner/accused No.2 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, for a like sum each to the satisfaction of Metropolitan Sessions Judge at Kushaiguda.

ii) The petitioner/accused No.2 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

5.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 20.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12455 OF 2023 Dt.20.12.2023 dv