Dande Ashok v. The State Of A.P

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL. P. NO:12811 of 2017 Between:

Dande Ashok S/o. Late Srinivasa Rao, ..... Petitioner/Accused AND The State of A.P., Rep by its Public Prosecutor, High Court of Judicature at Hyderabad. .....Respondent/Complainant 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 may be pleased to release the Petitioner on bail pending enquiry and trial arising out of Crime No. 330/2017 of Ongole I Town Police Station, Prakasam District. Counsel for the Petitioner :

SRI S.NARENDRANATH REDDY Counsel for the Respondent :

ADDL. PUBLIC PROSECUTOR (AP) ORDER:

"This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, for grant of bail in Crime No.330 of 2017 on the file of the Ongole I Town Police Station, Prakasam District, registered for the offence punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard the learned counsel for the petitioner/accused, learned Additional Public Prosecutor representing the respondent-State and perused the record. 3.

As per the record, on 30.11.2017 at 06:00 AM, 1.3 kilograms of Ganja was seized from the possession of the petitioner/accused under a cover of panchanama. The Ganja alleged to have been seized from the possession of the petitioner/accused is below commercial quantity. Having regard to the submissions made by both the learned counsel and the nature of allegations levelled against the petitioner/accused, the petitioner/accused can be enlarged on bail under Section 439 of Cr.P.C. on some conditions.

4.

Accordingly, the petitioner/accused is ordered to be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Ongole. On such release, the petitioner/accused shall report before the Station House Officer, Ongole I Town Police Station, Prakasam District, on every Sunday between 09:00 AM and 10:00 AM, till filing of the chargesheet.

5. The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The I Addl. District and Sessions Judge, Ongole, Prakasam District.

2. The II Addl. Judicial Magistrate of First Class, Ongole, Prakasam District.

3. The Superintendent, District Jail, Ongole, Prakasam District.

4. The Station House Officer, Ongole I Town Police Station, Ongole, Prakasam District.

5. Two CCs to Public Prosecutor, (AP), High Court of Judicature at Hyderabad (OUT)

6. one CC to Sri S.Narendranath Reddy, Advocate (OPUC)

7. One Spare Copy

HIGH COURT AB DRAFTED ON 3-1-2018 DR.SAJ DATE: 2-1-2018

ORDER

CRL.P. NO. 12811 OF 2017 BAIL