Usha Pawar v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1847 of 2017 ORDER:

By an order dated 07.12.2016 in Crl.M.P.No.308 of 2017, the Metropolitan Sessions Judge-cum-Special Judge To Try Offences Under NDPS Act, Visakhapatnam, granted bail to the petitioner, who are A.1 and A.2 in crime No.5/2017 of Prohibition & Excise Station, Chinthapalli, on condition of each of them furnishing personal bond of Rs.1,00,000/- and two sureties who shall furnish fixed deposits of Rs.1,00,000/- each drawn in the name of above said Court and to be submitted to the satisfaction of the learned Judicial First Class Magistrate, Chinthapalli. The present application is filed seeking modification of the conditions wherein the sureties were directed to furnish fixed deposits. The grievance of the petitioners is that it is difficult to get sureties who can furnish fixed deposits and as such seek relaxation of the same.

It is to be noted that though the order granting bail to the petitioners-accused was passed on 07.02.2017, petitionersaccused could not get themselves released, in view of the said condition imposed. Further, in similar circumstances i.e. in Crl.P.No.1144 of 2017, this Court modified the condition of furnishing fixed deposits by directing the accused to furnish local sureties.

Having regard to the above, instead of furnishing fixed deposits for the amount ordered, petitioners shall furnish personal bonds for the amount directed, i.e. Rs.1,00,000/- (Rupees One

Lakh only) each and also two local sureties for the amount ordered i.e., Rs.1,00,000/- each. It is made clear that all the other conditions shall remain unaltered.

Accordingly, the Criminal Petition is allowed. _______________________________ JUSTICE C. PRAVEEN KUMAR 06.03.2017 sur