Abdul Gafoor v. The State Of A.P.

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1807 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provision under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order dated 11.02.2015 passed in Crl.M.P.No.300 of 2015 in Cr.No.15 of 2015 on the file of the First Metropolitan Magistrate, Vijayawada, whereby the Court below directed the interim custody of tractor and trailer to the petitioner on his executing a personal bond of Rs.1,00,000/- with two sureties.

Heard.

Learned counsel for the petitioner submitted that the petitioner is the owner of the aforesaid vehicle and he is not in a position to execute a personal bond of Rs.1,00,000/- and as such, he prays this Court to reduce the said amount.

Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e., Tractor and Trailer bearing No.AP 16 TB 0204 and AP 16 TX 6917 respectively shall be released to the petitioner for interim custody, subject to final orders to be passed in main case, on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for a like sum, to the satisfaction of the authorities concerned, instead of Rs.1,00,000/- with two sureties as ordered by the Court below, and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings.

With the above directions, the Criminal Revision Case is

disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 31.08.2015 pln