Hussain Ali v. The State Of Ap

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION Nos.9391, 9392, 9393, 9396 and 9398 of 2018 COMMON ORDER :

These petitions are filed by the respective petitioners to modify the conditions imposed in the respective bail orders viz.,Crl.MP.No.1601 of 2018 dated 17.08.2018, Crl.MP.No.1528 of 2018 dated 16.08.2018, Crl.MP.No.1599 of 2018 dated 09.08.2018, Crl.MP.No.1730 of 2018 dated 16.08.2018 and Crl.MP.No.1600 of 2018 dated 17.08.2018, passed by the learned VII Additional Sessions Judge, Gudur. 2.

Heard.

3.

No doubt, as pointed out by the learned Public Prosecutor, the learned Sessions Judge did not consider the impact of the crime involving red sandal, that too, when the Apex Court laid down the law in T.N.Godavarman Thirumalpal v. Union of India1 reiterated by this Court in Crl.P.No.7106 of 2018, dated 24.07.2018. However, it is not a case for cancellation of said bail orders to go into, but for to consider the conditions are onerous and requires modification. The impugned orders speak besides self bond with two surities of Rs.10,000/ - each, asked to furnish 1 (2012(4) SCC 362)

property tile deeds worth Rs.1,00,000/ -, which may not sustain and thus it requires to modify.

4.

Having regard to the above, the impugned orders of the Court below in granting bail, particularly, to the petitioners, who are non-local of in addition to self bond for Rs.10,000/ - with two sureties, directed to produce title deeds worth Rs.1,00,000/ - in their names, is modified to a self bond for Rs.1,00,000/ - with property particulars of its worth to be submitted.

5.

Accordingly, the Criminal Petitions are allowed. 6.

Miscellaneous petitions pending, if any, shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J Date:10.09.2018 pab