Citation : 2021 Latest Caselaw 86 AP
Judgement Date : 7 January, 2021
[3240 ] Oe, eee IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT}. : THURSDAY, THE SEVENTH DAY OF JANUARY, _ TWO THOUSAND AND TWENTY ONE , 'PRESENT: os THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ~~ CRIMINAL PETITION NO: 4769 OF 2020 Between: 1. Ganta Veerraju Alias Vereshu, S/o. Govindu aged 23 years Gorinta Village of Peddapuram mandal East Godavari District 2. Naidu Raju, S/o.Narasimha Murthy aged 23 years Gorinta Villaghe of Peddapuram Mandal, East Godavari Distict Petitioners/Accused 1 & 2 ---- AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati Respondent / Complainant-- Petition under Sectiong437 & 439 of Cr.P.C, praying that in the circumstances Stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in NDPS SC.No. of 2020 on Cr.No.231/2020 Golugonda Police Station. -- The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Medisi Ratna Rao, Advocate for the Petitioners/Accused No. 1 & 2 and of the Public Prosecutor, High Court of AP, representing for the Respondent/State and the Court made the following: ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4769 of 2020 ORDER:
This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/A-1 and A-2 in connection with Crime No.231 of 2020 of Golugonda Police Station, Visakhapatnam District, wherein the petitioners are alleged to have committed the offences punishable under Section 20(b) (i) (ii), 25 r/w 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS
Act').
2. Learned counsel for the petitioners would submit that the petitioners herein were arrested on 02.07.2020 and so far the police have not filed the charge sheet even after elapse of 180 days
and hence, the petitioners are entitled for statutory bail.
3. On the other hand, learned Public Prosecutor also did not dispute the fact that so far no charge sheet is filed and also no
petition is filed seeking extension of time.
4. Having regard to the facts and circumstances of the case, since the police have not filed the charge sheet within the statutory period of 180 days, the petitioner is entitled for statutory bail, which is an indefeasible right of the accused, as laid down by the
Hon'ble Apex Court in catena of judgments.
5. Accordingly, the criminal petition is allowed and _ the petitioners/A-1 and A-2 shall be released on bail in connection
with Crime No.231 of 2020 of Golugonda Police Station,
To,
AO FF wo N
YD,
Visakhapatnam District, on their executing a bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties each for a likesum to the Satisfaction of Station House Officer, Golugonda Police Station, Visakhapatnam District. On such release, the petitioners shall appear before the Station House Officer, Golugonda Police Station on every Monday between 10.00 a.m. and 12.00 p.m. till the commencement of the trial.
As a sequel, all the pending miscellaneous applications shall
stand closed.
Sd/-M.RameshBabu .-
ASSISTA T REG RAR ; Dy .
[TRUE COPY// SECTION
For FICER
The | Additional District and Sessions Judge, at Visakhapatnam.--- The Superintendent, Central Prison, Visakhapatnam, A.P.~
One CC to Sri Medisi Ratna Rao, Advocate [OPUC]----
One CC to the Public Prosecutor, High Court of AP [OPUC}--
One spare copy
"ett <42teen,
HIGH COURT
LKJ
DATED:07/01/2021
ORDER
CRLP.No.4769 of 2020
DIRECTION
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