Mohammed Nasir v. The Superintendent Of Customs, (Preventive)
HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No. CrlP.No.10557 of 2022 PROCEEDING SHEET Sl.
No.
DATE
ORDER
OFFICE NOTE 27.01.2023 Dr.CSL, J I.A.No.1 of 2022 This is an application filed seeking the Court to reduce the amount that was ordered to be produced as solvency for release of the petitioner through orders in Crl.P.No.10557 of 2022, dated 06.12.2022.
Heard Sri Hussain Ali, learned counsel, representing Sri M.A.Rahman, learned counsel on record for the petitioner. Also, heard Smt Swapna Reddy, learned counsel, who is representing Sri B.Narasimha Sarma, learned counsel on record for the respondent.
Making his submission, learned counsel for the petitioner contends that though this Court through orders in Crl.P.No.10557 of 2022, dated 06.12.2022, granted bail, the petitioner is still in jail as he being a poor person is unable to furnish the required solvency and therefore, the amount ordered to be produced as solvency may be reduced.
On the other hand, learned counsel appearing for the respondent states that huge quantity of gold was seized from the possession Contd...
Contd..., of the petitioner and therefore, the court has rightly ordered the petitioner to execute a personal bond for Rupees One Lakh only with two sureties for the like sum each and therefore, the order needs no interference.
The fact that though bail was granted on 06.12.2022, the petitioner is still in judicial custody i.e., for more than one month goes to show that he could not execute the required bond.
Having regard to the said fact and as the bail granted would become nullity in case, the solvency imposed is not reduced, this court is of the view that the request of the petitioner can be honoured.
Hence, this application is disposed of and the orders rendered in Crl.P.No.10557 of 2022, dated 06.12.2022 are modified to the extent of production of solvency. The petitioner shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each. __________ Dr.CSL, J dr