Sivaji Bagavan Mitkari vs State Of A.P.,
2021 Latest Caselaw 2721 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE NO.: Crl.A.No.603 of 2017
                                PROCEEDING SHEET

Sl.      Date                                  ORDER                                  OFFICE
No.                                                                                    NOTE

 9.   29.07.2021   LK,J

                                         I.A.No.1 of 2021

                            This petition is filed seeking suspension of
                   sentence imposed in Judgment dated 19-04-2017
                   passed in NDPS Sessions Case No.24 of 2016 by the
                   learned Special Judge for Trial of NDPS Act-cum-I
                   Additional District and Sessions Judge, Vizianagaram,
                   and to enlarge the petitioner on bail, pending disposal
                   of the criminal appeal.

                            Heard Sri G.Vijaya Saradhi, learned counsel for
                   the petitioner and learned Assistant Public Prosecutor
                   for the respondent-state.

Learned counsel for the petitioner submits that from the last five years, the petitioner has been languishing in jail and the contraband that is alleged to have been seized from the petitioner is 26 kgs of Ganja. He further submits that the police did not follow the mandatory provisions of Section 42 of the NDPS Act while conducting search, seizure and arrest and lifting the samples. The prosecution though failed to prove prima facie case against the petitioner, he was convicted and was sentenced to 10 years period of rigorous imprisonment. Hence his case may be considered for grant of bail by suspending the sentence.

Learned Assistant Public Prosecutor submits that the petitioner is a resident of Maharashtra State and it would be difficult for the prosecution to secure his presence if bail is granted to him.

Taking into consideration the facts and circumstances of the case, the sentence of imprisonment imposed against the petitioner in the judgment, dated 19-04-2017 passed in NDPS Sessions Case No.24 of 2016 by the learned Special Judge for Trial of NDPS Act-cum-I Additional District and Sessions Judge, Vizianagaram, alone is suspended pending the criminal appeal. The petitioner shall be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for a likesum each to the satisfaction of Superintendent, Central Prison, Visakhapatnam. The petitioner shall not leave the State and shall appear before the Station House Officer, S.Kota Police Station, once in a week i.e. on every Saturday between 10-00 A.M. and 1-00 P.M. If the petitioner indulges in any crime during pendency of the appeal, the prosecution is at liberty to file appropriate application seeking cancellation of bail.

______ LK, J ARR