lN THE HIGH COURT OF ANDHRA PRADESH AT AMA I/ _t`-i``_=-c,s:``:T` -fi-i-, -o=-i-i--[?-.;-i:,-I_£f--,,;*¥ ..-- Q3iRi==.=L¥:-:,::_±i¥::;;.-_-:?-,:f..,I TUESDAY, THE TWENTY NINETH DAY OF A TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJ CRIMINAL PETITION NO:I 3941 Between : Sheik Sattar Baig, .S/o. Ameer Baig, aged about 19 years, R/o. Gudivada Village,. Gudivada MandaI, Krishna District, A.P. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 439 (1) of Cr.P.C/483 (1) of BNSS., is filed praying that in the circumstahdes stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased to modify the order passed by the Metropolitan Sessions Judge-Gum-I AddI. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam.in CrI.M.P. No.174/2025 in Cr. No. 04/2025 dated 24.0212025 by considering the situation of the petitioner/Accused No.1 as t[Petitioner/Accused No.1 to be released on bail on executing a self .bond for Rs..10,000/-(Rupees Ten Thousand 6nly) with single surety for a like sum to the satisfaction of Metropolitan Sessions Judge-Gum-I Addl, District & Sessions Judge - Spe`cial Judge for Trial of Offences under NDPS Act, Visakhapatnam " instead of l[petitioner/Accused No.1 to be released on bail on executing a self bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of Addl. Judicial Magistrate of First Class, Narsipatnam and permit the Petitioner/Accused No.1 / to deposit the surety bond-amount of Rs.10,000/-with single surety instead of // Rs.25,000/-with two sureties . The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of Public Prosecutor for the Respondent; The Court made the following: € ` ) I \ r/ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3941 of 2025 Order: The Criminal Petition has been filed by the petitioner herein, seeking modification of the condI'tiOnS in the Order Vide Crl.M.P.No.174 of 2025 dated 24.02.2025 on the file of the learned I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakapatnam. 2. Originally, the petitioner herein has filedo a petition for grant of regular bail in Crime No.04 of 2025 of Narsipatnam Rural Police Station. By an order, dated,24.02.2025, the I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakapatnam allowed the said petition by imposing certain conditions. Aggrieved by the said conditions imposed by the learned Sessions Judge, the present Criminal Petition is preferred by the petitioner to modify the conditions imposed while granting bail. 3. lt is submitted that despite grant of bail by the learned Sessions Judge, Visakhapatnam in Crl.M.p.No.174 of 2025, petitioner could not furnish s`ureties for Rs.25,000/- with two sureties to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam. He further contends that the petitioner belonged to poor famI-ly. Due to the said reason, =-EL 2 // the petitioner is unable to furnish the surety for Rs.25,000/-. Moreover, the 'contraband said to be involved in this case is 3 Kgs of Ganja. It is submitted by the learned Assistant Public Prosecutor that the petitioner has no previous crime record. ln the said facts of the case, petitioner requests to consider his case on humanitarian grounds. 4. Learned counsel for the petitioner relied on a decision reported in SMWP (Criminal) No.4 of 2021 dated 31.O1.2023 on the file of the HonJble Supreme Court wherein it is observed that "if the ba-Il bonds are not furnished Within One month from the date of grant bail, the concerned Court may suo-motu take up the case and consider whether the conditions of bail requ'Ire modification/relaxation". 5. lt seems that the Court which granted bail to the petitioner in this Crime has not taken such steps, thereby forced the petitioner to approach this court. There is nothing on record to show that the said submissions are incorrect, as such this Court is inclined to modify the bail conditions. 6. ln the result, the Criminal Petition is allowed and the petitioner shall be released on bail on his executing bond for Rs.10,000/-(Rupees ten thousand-only) with one surety for the like sum each to the satisfaction of the learned Additional </ `t`-se .. `9 Judicial Magistrate of First CIass, Narsipatnam. lt iS hereby made clear that the other conditions imposed by the Court below shall remain same. As a sequel thereto, the miscellaneous aPPl'lCatiOnS, if any, pending in this criminal Petition shall Stand Closed. \>'\* I. -_- .a -. .-.`{... ,-i.^`._..__=....i_..; ....i:.T''=\\,I.I._i.-:S,.. `. `-` s D/- A.I V_i~j AYA+';:`BAB u.I ,,`-~` `',. -I I_..`' - irE'a!-STk`hri ` //TRUE COPY// sECT!O# a! girrslF gI C E R ..`` ¢z' To, 1. The Metropolitan Sessions Judge-Gum-I Addl. District & Sessions Judge -Special Judge for Trial of Offences lmder NDPS Act, Visakhapatnam. 2. The Additional Judicial Magistrate of First class, Narsipatnam, Visakhapatnam District. 3. The Superintendent, Central Prison, Visakhapatnam. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS `•\ ' \ HIGH COURT TIVIR, J DATED:29/04/2025 BAIL ORDER CRLP.No.3941 of 2025 ALLOWED !5,a:ag 2 9 AIR 2RE\( -- -- --- -i ---=-:-- :i ------ : -- -i:i -- _ _ffi nnRE\ \ `+*%%ifeie~T~gngS#` +