Promodh Kumar Bashor, v. The State Of A.P,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.1305 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.2 and 3 requesting to relax condition No.1 imposed by the learned Metropolitan Sessions Judge - cum - I-Additional District and Sessions Judge, Visakhapatnam, by the common order dated 18.01.2017 in Criminal M.P. Nos.145 and 147 of 2017 in Crime No.7 of 2017 of Narsipatnam Police Station, Visakhapatnam. The condition is to the effect that the petitioners shall execute a personal bond of Rs.1,00,000/- each with two sureties who shall each furnish a fixed deposit of Rs.1,00,000/- drawn in the name of the Court to the satisfaction of the Additional Judicial First Class Magistrate, Narsipatnam, and the bail is subject to verification of genuineness of the sureties.

Sri Naidana Sravan Kumar, learned counsel for the petitioner, would represent that the petitioners 1 and 2/A.2 and A.3 alleged to have been found in possession of 8 1⁄2 and 7 1⁄2 Kilograms of Ganja respectively, which is not a commercial quantity and, therefore, sought to relax the condition in its entirety, which request is opposed by the learned Additional Public Prosecutor for the State of Andhra Pradesh.

In a similar situation, earlier, this Court relaxed the condition directing the sureties to furnish fixed deposit of Rs.25,000/- as against

Rs.50,000/-, as such, to that extent the said condition is modified directing the sureties to furnish fixed deposit of Rs.50,000/- (Rupees fifty thousand only) each instead of Rs.1,00,000/-. Accordingly, the Criminal Petition is allowed in part modifying the order impugned to the extent indicated above.

All other conditions remain unaltered.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

___________________________ A. SHANKAR NARAYANA, J February 13, 2017.

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