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2025 DAILYLAW 3960 (AP)

Shaik Arshadh Ayub Basha @ Shaik Arshadh Basha, v. The State of Andhra Pradesh,

CRLP/512/2025 · 2025-01-28

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. \\ lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR || TUESDAY, THE TWENTY EIGHTH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO.I 512 OF 2025 Betwee n : REDDY fai=_fry;iiS _-=i\#* shajk Arshadh Ayub Basha @ shaik Arshadh Basha, s/o.shajk Mahaboob peera, aged about 33 years, occ- sarpanch, H/o. Chakrayapeta Gram panchyat, charayapeta Mandal, y.s.R District, R/o.D.No.3-157, Uppalavandla palli, Chakrayapeta panchayat and Mandal, ysR DI-Strict. ... PetI-tjOner/A-2 AND The State ofAndhra Pradesh, rep., by I'tS Public prosecutor HI'gh Court at Amaravathi. ...Respondent petition under sections 480 & 483 of BNSS, prayl'ng that l'n the circumstances stated ln the memorandum of grounds fl-led in support of the crI-ml'nal Petl'tion, the High Court may be pleased to enlarge the petl-tjoner on regular ba" ln cr No.68 of 2024 on the file of the Red Sanders Antl' Smuggllng Task Force police Station, Tirupati, TI'ruPatj District regl'stered for the offences under sections 303 (2) R/w 3 (5), 49 and 61 (2) of BNS, Sec 20 (1) (d) (i) (a) I/w 20 (1) (c) H iii, I'V, X, 36 (a) r/w 32A of AP Forest (Amendment) Act 2016, I-n the interest ofjustjce The petI'tl-On coming on for hearing, upon perusl'ng the pet,'tion and the memorandum of grounds filed in support thereof and upon hearI-ng the arguments of SRI V R REDDY KOWURl, Advocate for the petl'tjoner, and of PUBLIC PROSECUTOR, for the Respondent,- [3327] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUsTICE K SREEN[VASA REDDY CRIMINAL PETITION NO.512 OF 2025 Between : Shaik Arshadh Ayub Basha @ Shaik ...PETITIONER/ACCUSED Arshadh Basha, AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.V R REDDY KOWURI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking regular bail, in Crime No.68 of 2024 of RSASTF Police Staticjn, Tirupati,'Tirupati d-lstrict. ```--. ``- EE~ 2 I/ 2. A case has been regl'stered agaI'nSt the petitioner herein and others for the offences punishable under `Sections 303(2) read with 3(5), 49 and 61(2) of the Bharatiya Nyaya Sanhjta, 2023, and Sections 20(1)(d)(l')(a) read wI-th 20(1)(c), li, ill, Itv, X, 36(a) read wl-th 32A of the AP Forest (Amendment) Act, 2016. 3. This is a case of crl'mI-nat trespass, crjmina! conspiracy and abetment to commit the offence, I'ntO reserve forest by cuttI'ng red sander trees and cut red sander logs illegally that occurred on o6.-09.2024 at 05.00 AM, at Malabeella area, near chakrayapeta MandaI, Kadapa district, in which Al was arrested and 28 red sander logs, weI'ghing 619 KGs, Honda ActI'Va Motor cycle without registration number were seized from his possession. ln the course of investigation, Al confessed about the involvement of A2 in this crime, who was arrested on 22.12.2024 and remanded to J'udl-Cial custody. 4. Heard. perusedtherecord. 5. A perusal of the material on record goes to show that basing on the confessional statement of co-accused the name of the petl-tI'Oner herein was shown as accused Ion the present crime. pursuant to the confessional statement of co-accused, nothI'ng incrimI-natI'ng has been seized from the possession of ir JJ1 _/ the petitioner herein. Petitioner herein was arrested on 22.12.2024 and since then he is in judicial remand. Learned Assistant Public Prosecutor submitted that major portion of investigation has been completed. 6. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A2 on the following conditions. i) The petitioner/A2 shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the Satisfaction Of the learned Judicial Magistrate of First class for trial of cases relating to Red Sander Smuggling, Tirupati. ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. _--~--- ---^--- ___ SD/-N.NAGAMMA ASSISTA GISTRAR Fo SECTION OFFICER //TRUE COPY// J/ To, 1. The SpecI'aI Court in the cadre of Additional District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, ChI'ttOOr Distrl-ct 2. The Judicial Magistrate of First class for Trial of Cases Relating to Red Sander Smuggling, Tirupati, Chjttoor District 3. The Superintendent, sub-JaI'l, Tirupati, Tirupati District 4. The Station House Officer, RSASTF Police Station, Tirupati District 5. One CC to SRl. V R REDDY KOWURI Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy PSR HIGH COURT ~-`.t\' SRK,J DATED :28/01 /2025 BAIL ORDER CRLP.No.512 of 2025 ALLOWED