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2025 DAILYLAW 32819 (AP)

SAHIN MONDAL v. THE STATE OF ANDHRA PRADESH

CRLP/8118/2024 · 2025-01-07

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY ,THE SEVENTH DAY OF JANUAR-V--```1; TWO THOUSAND AND TWENTY FIVE :PRESENT: EZ5l THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY * =` _ CRIMINAL PETITION NO: 8118 OF 2024 Between : Sahin MondaI, S/o.AbduI Mom, aged abt 26 years, R/o.ChakaJ-i, PathanaI Post, Arambagh Mandal, West Bengal. PetitionelIAccused AND The State OfAndhra Pradesh, Through Station House Officer, Airport P.S., Visakhapatanam Represented by its public prosecutor, High Court ofAndhra Pradesh at Amaravati, Guntur District. Respondent/complainant Petition under section 439 (1) of BNSS, praying that in the circumstances stated in the affidavit filed in support of the criminal petI-tI-On, the High Court may be pleased to modify the Bail Conditions in respect of the Petitioner to the extent of the condition of executl-ng the self bond of Rs. 1,00,000/-with two surities for the likes amount by reducl'ng the same passed by way of common Order passed in CRL.M.P.No.2606/2023 and CRL.M.P.No.2891/2023 passed by the Hon'ble I Addl. District Judge, visakapatanam- Gum. specl'aI Judge for Trail of Offences under NDPS Act, Visakhapatanam COUNSEL FOR THE PETITIONER : SRI| TINNAVALLI VENKATA MANOJ COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10486452024lN THE HIGH COURT OF ANDHRA PRADESH FEE (specia?To:gMifaiAJ:::liction) [3327] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY ON NO: 8118/2024 Between : sahin Mondal ...PETITIONER/ACCUSED AND The State OfAndhra PradeSh I,,RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1.TINNAVALLI VENKATA MANOJ counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR inng- The Criminal Petition, under Section 439(1) of BNSS, is filed on behalf of the petitioner herein to modify the order dated 28.10.2023 in Crl.M.P,No-2606 of 2023 passed by the learned Metropolitan Sessions Judge-Gum-Spec-laI Judge for trial of offences under NDPS Act, VisakhaPatnam. 2, Heard. PeruSedthereCOrd. zizzf 2 Jr, 3. A case has been registered against the petit,-oner and others for the offence punishable under sections 8(C) read with 20(b)(Ii)(C), 25 of the NarcotI-C Drugs and psychotropjc substances Act, 1985 (for short `the NDPS Act,. 4. The learned Metropolitan sessI-OnS Judge-Gum-special Judge for trial of offences under NDPS Act granted ba" to the petitioner herein ,'n cr,-me No.86/2023 of Airport police stall-On, on cond,-tl-on of his executing a self bond for Rs.1,00,000/-wl-th two suretl'es for ll-ke sum each to the satI'SfaCtiOn of the learned VII Additional MetropoII-tan MagI-Strate, Visakhapatnam. 5. The present criminal petitI-On iS filed on the ground that the petI-tjOner is not in a position to produce the suretl-es and though ba" was granted on 28.10,2023, the petI'tiOner could not secure such surety and hence, he urged to modify the condl-tI'On imposed by the court below. 6. Having consI-dered the subml-ssion of the learned counsel for the petitioner and for the reasons stated jn the pet,'tjon, this court js jncljned to modI'fy the order passed by the court below. Accordingly, the order dated 28.10.2023 jn crI.M.P. No.2606 of 2023 passed by the learned MetropolI-tan Sessions Judge-cum- specI'al Judge for trial of offences under NDPS Act I-S modified to the i.r| a extent that the petitioner herein/A7 shall execute a self bond for Rs.25,000/- (Rupees twenty five thousand Only) With two Sureties for the like sum to the satisfact'lon of the learned VII Additional Metropolitan Magistrate, Visakhapatnam. It is hereby made clear that the other conditions imposed by the Court below shall rema-ln Same. 7. Accordingly, the Criminal Petition is allowedl Miscellaneous applications, Pending if any, Shall stand closed. SD/-N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To, 1. The VII Additl'onal Metropolitan Magl'strate, Visakhapatnam 2. The I AddI. District Judge, Visakapatanam-Gum. Special Judge for Trail of Offences under NDPS Act, Visakhapatanam 3. The Superintendent, Central PrI'SOn, Visakhapatanam 4. The Station House Officer, Airport P.S., Visakhapatanam 5. One CC to SRl. TINNAVALLI VENKATA MANOJ Advocate [OPUC] 6. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 7. One spare copy J/ . HIGH COURT SRK,J DATED :07/01 /2025 BAIL ORDER\ CRLP.No.8118 of 2024 ALLOWED €},`', + *