Uggina Ganesh v. The State Of A.P

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.948 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner - accused No.1 viz., Uggina Ganesh requesting to relax condition No.1 imposed by the learned Metropolitan Sessions Judge - cum - Additional District and Sessions Judge, Visakhapatnam, by the order dated 23.01.2017 in Criminal M.P. No.124 of 2017 in Crime No.2 of 2017 of Butchiyyapeta Police Station, Visakhapatnam.

2. The condition is to the effect that the petitioner shall execute a personal bond for a sum of Rs.50,000/- with two sureties who shall furnish a fixed deposit for Rs.50,000/- each drawn in the name of the Court to the satisfaction of the Additional Judicial Magistrate of First Class, Chodavaram and the bail is subject to genuineness of the sureties.

3. Sri Naidana Sravan Kumar, learned counsel for the petitioner, would represent that the petitioner alleged to have been found in possession of 12 Kilograms of Ganja, 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.

ASNJ Crl. P No.948 of 2017

4. 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.25,000/- (Rupees twenty five thousand only) each instead of Rs.50,000/-.

5. 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 6, 2017.

PV