Shaik Baba v. The State Of Ap.

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C. No.3217 of 2015 ORDER :

Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the conditions in order dated 16-11-2015 passed in Crl.M.P.No.1648 of 2015 in Cr.No.154 of 2015 on the file of the Judicial Magistrate of First Class at Atmakur. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the material available on record.

The learned counsel for the petitioner submits that the learned Magistrate gravely erred in imposing onerous conditions i.e., to execute a bond for Rs.5,00,000/- with one surety and also furnish bank guarantee for a sum of Rs.1,00,000/- apart from the bond for interim custody of the vehicle to the petitioner. It is further submitted that the learned Magistrate ought to have imposed reasonable conditions.

Considering the facts and circumstances of the case, the Criminal Revision Case is allowed setting aside the order dated 16-11-2015 passed in Crl.M.P.No.1648 of 2015 in Cr.No.154 of 2015 on the file of the Judicial Magistrate of First Class at Atmakur in so far as directing

the petitioner to furnish bank guarantee for a sum of Rs.1,00,000/- is concerned. The rest of the order remains unaltered. Miscellaneous petitions pending in this revision, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO 06th January, 2016 skmr