Nakka Rajasekhar v. The State Of A.P.,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Criminal Petition No.16948 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to relax the conditions imposed against the petitioners/ A.2 to A.4 by the Metropolitan Sessions Judge cum Special Judge to try the offences under NDPS Act, Visakhapatnam in Crl.M.P.No.2627 of 2016, dated 16.09.2016 as " petitioners shall be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/ - each with two sureties each and the sureties shall furnish fixed deposit for a sum of Rs.1,00,000/ - each to the satisfaction of the Judicial First Class Magistrate, Paderu" . Learned counsel for the petitioners submits that the petitioners are not in a position to comply with the conditions imposed against them due to the demonetization of old currency and non availability of cash through banks. Therefore, he prays to relax the above conditions.

Learned Additional Public Prosecutor opposed the said petition. Keeping in view the fact that the petitioners are unable to produce fixed deposits in view of non availability of cash due to the demonetisation, I am inclined to modify the conditions imposed by the Metropolitan Sessions Judge, Visakhapatnam in Crl.M.P.No.2627 of 2016 to the effect that the petitioner shall furnish a personal bond for Rs.1,00,000/ - each, with two sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate, Paderu. The rest of the conditions shall remain intact.

The criminal petition is, accordingly, allowed. _____________________ SURESH KUMAR KAIT, J Date: 16.12.2016 BSS

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Criminal Petition No.16948 of 2016 Date: 19.12.2016 BSS