High CourtsSingle Bench(2023) 01 AP CK 0021

Dilipan @ Deelipan vs State Represented By The Public Prosecutor

Andhra Pradesh High Court · Decided on 12 January 2023

HON’BLE JUDGES
Dr. V R K Krupa Sagar, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No: 244 Of 2023

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Judgment

8 paragraphs · 242 words

Dr. V R K Krupa Sagar, J

1.

The learned counsel for the petitioner and the learned Additional Public Prosecutor are present and submitted arguments. In Crl.M.P.No.4711 of 2022, by an Order dated 23.12.2022, passed by learned Special Judge for trial of offences under NDPS Act-cum-Metropolitan Sessions Judge, Visakhapatnam, granted bail to this petitioner, in terms of Section 167 (2) of Cr.P.C., since he has been in Judicial remand from 22.11.2021.

2.

While granting bail, the following conditions were stipulated:

i. The bail application filed by A5 is allowed and A5 is order to be released on bail on his executing a self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for like sum each to the satisfaction of this Court.

ii. Further the petitioner is specifically directed to attend before the Court on each and every adjournment without fail.

3.

In the present petition, the submission is that petitioner is a poor daily wage labour, working in Visakhapatnam District, though, he belongs to Tamilnadu State. This impecuniousness resulted in onerous condition being not complied with. Therefore, seeks for modification of the conditions.

4.

Considering the material on record and the submissions on both sides, the personal bond and the bond to be executed by both the sureties as prescribed by the trial Court at Rs.1,00,000/- is modified and substituted by Rs.10,000/- (Rupees Ten thosand only). Rest of the bail conditions stand intact.

5.

Accordingly, this Criminal Petition is allowed.