AI Structured Summary
Not yet generated for this judgment
Judgment
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the Petitioners/Accused Nos.8 and 10 on bail in Crime No.11 of 2016 of RSASTF Police Station, Tirupati District, registered for the alleged offences punishable under Section 379 of the Indian Penal Code, 1860 (for brevity 'the IPC'), Section 20(1)(d)(i)(a) read with 20(1)(c), ii, iii, iv, x, 36(a) of the Andhra Pradesh Forest Act, 1967 read with 34 of 'the IPC', now pending as R.S.S.PRC.No.191 of 2023 before the learned Special Court in the Cadre of Civil Judge (Junior Division)-Cum- Judicial Magistrate of First Class for Trail of Cases relating to Red Sanders Smuggling, Tirupati.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the material available on record.
On perusal of the record, it appears that the petitioners failed to appear before the learned Trial Court during the course of inquiry/committal proceedings. Therefore, the learned Magistrate was constrained to issue Non-Bailable Warrants against the petitioners. The said warrants were executed on 03.08.2026, and the petitioners have been in judicial custody for the past 50 days. If one more opportunity is given to the petitioners, they undertake to appear before the learned Trial Court and cooperate with the learned Trial Court for the expeditious disposal of the case.
Having regard to the facts and circumstances of the case, this Court is inclined to enlarge the Petitioners/Accused Nos.8 and 10 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.8 and 10 shall be enlarged on bail subject to their executing a bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trail of Cases relating to Red Sanders Smuggling, Tirupati.
The Petitioners/Accused Nos.8 and 10 shall appear before the learned Trial Court on each and every adjournment without fail.
The Petitioners/Accused Nos.8 and 10 shall not leave the limits of the District without prior permission from the learned Trial Court concerned.
The Petitioners/Accused Nos.8 and 10 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.8 and 10 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case.