Shaik Pintu v. The State Of Ap
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL. P. NO:11467 of 2017 Between:
1. Shaik Pintu S/o Gulab Shaik, aged 28 years, R/o South Indian SIM Colony, Mori Gate, R.No. 10/11, Old Delhi.
2. Ambu S/o Selvaraju, age 47 years, R/o C/Palan, C-886, Jahagirpur, Azadpur, NS Manda, North West Delhi.
..... Petitioners/Accused No.1 & 3 AND The State of AP, through Station House Officer, I Town (L & O) P.S, Rajamahendravaram, EG Dist., rep. by Public Prosecutor, High Court at Hyderabad. .....Respondent Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners/accused No.1 & 3 on bail in Crime No. 128/2017 on the file of I Town (L & O) P.S., Rajamahendravaram, East Godavari District. Counsel for the Petitioners :
SRI G.VENKATA REDDY Counsel for the Respondent :
ADDL. PUBLIC PROSECUTOR (TS) The Court made the following ORDER:
"This petition is filed under Section 439 Cr.P.C. to grant bail to the petitionersA1 and A3 for the offence alleged under Section 8 (c) r/w 20 (b) (ii) (c) of N.D.P.S. Act.
2.
Heard learned counsel for the petitioners-A1 and A3, learned Additional Public Prosecutor representing the State and perused the record. 3.
The material on record reveals that on 25.03.2017, the petitioners were allegedly transporting ganja. When they were found at Rajahmundry, the same was seized under a cover of panchanama.
4.
As per the material placed on record, 14 Kgs of ganja was seized from the possession of petitioner-A1 and 12 Kgs of ganja was seized from the possession of petitioner-A3. Whether the ganja seized from the possession of the petitioners-A1 and A3 is commercial or not is yet to be adjudicated in due process of trial. A2 was granted bail by this Court as per the orders of this Court, dated 16.11.2017 in Crl.P.No.10896 of 2017. Under these circumstances, the request of the petitioners-A1 and A3 can be acceded to.
5.
In the result, the Criminal Petition is allowed and the petitioners-A1 and A3 are ordered to be released on bail on each of them executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to the satisfaction of II Addl. Judl. Magistrate of I Class, Rajamahendravaram. One of the sureties of the petitioners shall be the blood relative having immovable property in their native village. Further, the petitioners-A1 and A3 shall attend the trial of the case, as and when the dates are fixed."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The I Addl. District and Sessions Judge, East Godavari District, Rajamahendravaram.
2. The II Addl. Judicial Magistrate of First Class, Rajamahendravaram, East Godavari District.
3. The Station House Officer, I Town (L&O) Police Station, Rajamahendravaram, East Godavari District.
4. The Superintendent, Central Jail, Rajamahendravaram, East Godavari District.
5. Two Ccs to Public Prosecutor, (AP) High Court of Judicature, at Hyderabad (OUT)
6. one CC to Sri G.Venkata Reddy, Advocate (OPUC)
7. one Spare Copy
HIGH COURT AB DRAFTED ON 30-11-2017 DR.SA,J DATE: 29-11-2017
ORDER
CRL.P. NO. 11467 OF 2017 BAIL