lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY ,THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEA CRIMINAL PETITION NO: 102 OF 2025 Betwee n : sharfaraju shaik @ sharfaraj Ahmed, S/o.Shabbir Ahmed Shaik, Aged 32 years, R/o.House No.6802/A, K.G.N.Apartment, Ground FIoor, A1, Dj Wadi Nagar, Ajadh Nagar, Bolsar Nawpeer, Thane, Maharashtra. Petitioner/Accused-1 AND The State of AP, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through S.H.O, Ill Town Police Station Visakhapatnam. Respondent petition under section 484 (2) RM/, 440 (2) of Cr.P.C, (section 528 r/w. 484 (2) of BNSS, 2023) praying that in the Circumstances Stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to modify the order dated: 28.08.2024 passed in CRL.M.P.No.769/2024 in Crime No.16 of 2023 ( lll Town Police Station, visakhapatnam) on the file of the Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam by reducing Surety amount from Rs.50,000/-to Rs,5,000/-to the satisfaction Of Metropolitan Sessions Judge- cum-I Additional District & Sessions Judge-Gum- Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam couNSEL FOR THE PETITIONER : SRl. SRAVAN KUMAR NAIDANA couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER ~r THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.102 OF 2025 This Criminal Petit-Ion is filed Seeking tO modify the Order, dated 28.08.2024 passed in CrI.M.P.No.769 of 2024 (Crime No.16 of 2023 of Ill Town police station, visakhapatnam) on the file of the Metropolitan Sessions Judge- cum-I Additional District & Sessions Judge-Gum-Spl.Judge for trial of offenCeS under NDPS Act, Visakhapatnam by reducing the Surety amount from Rs.50,000/-to Rs.5,000/-. 2. Heard. PerusedthereCOrd. 3. Learned COunSel fOrthe Petitioner Submits that Crime No.16 of2023 was registered against the petitioner/A.1 by the Ill Town Police Station, visakhapatnam city for the offences punishable under section 20(b)(ii)(b) r/w 8(c) of NDPS Act. The concerned Court while granting bail tO the Petitioner initially imposed a COnditiOn that the Petitioner Sha" execute a Self bond for Rs.1,00,000/-with two Sureties for like Sum each tO the Satisfaction Of the learned lv Additional Chief Metropolitan Magistrate, Visakhapatnam; thereafter, On the petitioner's application, the said amount of Rs.1,00,000/-was modified to a Sum or Rs.501000/-. tt -' 2 crl p_1O2_2O25 4, Learned counsel further submits that the condition imposed by the Court below is onerous. The petitioner is a poor person and is not in a position tO furnish personal bond and sureties for Rs.50,000/-. The petitioner is in judicial custody since 31.01.2023. Even though the petitioner was granted bail on ll,03-2024, as he was unable to secure the sureties, he could not be enlarged, He accordingly prayed to reduce the surety amount from Rs.50,000/- to Rs.51000/-. 5- lt is aptto mention thatway back in 1970's itself, the Apex Courfin Gudikanti Narsimhulu v. High Court of A.P.1, categor`lcafty otylned that 'Heavy bail from poor man is obviously wrong'. 6- Thus, a pragmatic and purposive import squarely serves the purpose of ensuring the principle as a lBail is the Rule and Jail is an exception' and also another golden rule is 'excessive bail is no baiI'. Recently, the Said legal principles were followed by the Hon'ble Supreme Court in Ja,a/uc'd,-n Khan V- union of lndia2 and -ln Girish Gandhi v. State of Nladhya Pradesh3- 7, ln view of the facts and circumstances of the case, this Court feels that the request of the petitioner can be considered. 1 (1978) 1 SCC 240 2 (2024) Livelaw SC 571 3 (2024) 10 SCC 674 ++++:``.,Ji=+ +++L^ ++TT +i+ +Jt;.Z i++ +i++i+;+i+I+=i+i::;;:;`:=i:+i +++ti:+i vf-JRE) `--I M RK,J Crl p_102_2025 8. Accordingly, the Criminal Petition is allowed. The petitioner/A.1 is ordered to be released on bail on execution of personal bond for Rs.5,000/-with two sureties for a like sum each to the satisfaction of the lV Additional Chief Metropolitan Magistrate, Visakhapatnam. The remaining conditions imposed in crI.M.P.No.484 of 2024 shall stand good. //TRUE COPY// For / SD/-U.SRI DEVI ASSISTANT REGISJEAk sECTl &fuZgFETc E R _I_'-'TT-1--=1 To'1. The Metropol'Itan Sessions Judge-Gum-I Addltional Dlstrict & Sess'IOnS Judge-Gum- Special Judge for Trial of Offences Under NDPS Act: VisakhaPatnam 2. The lV Additional Chief Metropolitan Magistrate, VisakhaPatnam 3. The Station House officer, I" Town Police Station Visakhapatnam. 4. One CC to SRl. SRAVAN KUMAR NAIDANA Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare COPY r, t .A HIGH COURT MRK,J DATED:17/01/2025 BAIL ORDER CRLP.No.102 of 2025 ALLOWED