Sayyad Jamsheed vs The State Of Andhra Pradesh
2021 Latest Caselaw 1291 AP

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TUESDAY, THE SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY ONE

PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

~ CRIMINAL PETITION NO: 1181 OF 2021
Between:
Sayyad Jamsheed, S/o. Sayyad Mohammad, Aged about 25 years, R/o.
Kasarakud, Uasminmanjil Uppala Thamgalow, Kearala State.
...Petitioner/Accused A1
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of
Judicature of Andhra Pradesh At Amaravati.
...Respondent/Complainant

Petition under Sections 440, 439 (1) of Cr.P.C, praying that in the circumstances
stated in the memorandum of grounds filed in Criminal Petition, the High Court may be
pleased to modification of the conditions imposed by the Learned Metropolitan Sessions
Judge-cum-Special Judge for trial of offences under NDPS Act At Visakhapatnam in
CRL.M.P.No.953 of 2020 Cr.No.21/2020 of Prohibition and Exqise Police Station
Anakapalli, Visakhapatnam District Dt 02" day of September 2020 to the extent Self
bond for Rs.1,00,000/(rupees One Lakh only) with two sureties for like sum each and
that the sureties shall produce the registered title deeds in respect of their properties to
the satisfaction of the Court, as the petitioner/A1 is of Kerala State..

IA NO: 1 OF 2021

Petition under Section 482 of Cr.P.C praying that in the circumstances stated
in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased
to dispense with non filing of the original certified copy of the lower court judgment, i.e.,
The Additional District and Sessions Judge- Cum- Special Judge for Trail of Narcotic
Drugs and psychotropic Substance Act-Case At Visakhapatnam dated Order 2™ day of
September 2020 in the interest of justice, pending disposal of CRLP 1181 of 2021, on
the file of the High Court.

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
Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and of Public Prosecutor for
the Respondent, the Court made the following.

ORDER

THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1181 of 2021 ORDER:-

This criminal petition is filed under Section 482 r/w 439 (1) of the Code of Criminal Procedure, 1973 seeking modification of the conditions in bail order dated 02.09.2020 in Crl.M.P.No.953 of

2020 passed by the Metropolitan Sessions Judge-cum-Special

Judge for trial of offences under NDPS Act, Visakhapatnam. The

petitioner herein is A-1.

2. The case of the petitioner is that the Metropolitan Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam granted bail to the Accused No.1 in Crime No.21 of 2020 of Prohibition and Excise Police Station, Anakapalli, Visakhapatnam District on condition of furnishing a bond each for Rs.1,00,000/- with two sureties for like sum each and the sureties shall produce registered title deeds in respect of their properties to

the satisfaction of the Court.

3. Learned counsel for the petitioner would submit that petitioner is innocent and he is falsely implicated in the case. Further, the petitioner is very poor, eking out his livelihood by doing daily wage work and his earnings are very meager. The petitioner is languishing in jail from the last one year as such, he could not comply with the condition that the sureties shall produce any immovable properties to produce title deeds in respect of their properties as the petitioner belongs to Kerala State. Learned counsel for the petitioner would submit that though the bail was

granted on 02.09.2020, the petitioner could not secure such

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sureties and he urged to modify the condition imposed by the

Court below.

4. Having considered the submissions of the learned counsel

for the petitioner and for the reasons stated in the petition, the criminal petition is allowed modifying the condition imposed by the Court below. Accordingly, the petitioner/A-1 is directed to furnish a bond for Rs. 1,00,000/- (Rupees one lakh Only) with two sureties

for a likesum each to the satisfaction of the Court.

Sd/-T.Madhavi a

ASSISTANT REGISTRAR TRUE COPY!/ | Sf SECTION OFFICER

. The Additional District and Sessions Judge- Cum- Special Judge for Trail of

Narcotic Drugs and psychotropic Substance Act-Case At Visakhapatnam

. The Metropolitan Sessions Judge-cum-Special Judge for trial of offences under NDPS Act At Visakhapatnam. . / .

. The Station House Officer Prohibition & Excise Police Station, Anakapalli,

Visakhapatnam District.

. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC]

. Two CCs to Public Prosecutor, High Court of AP {[OUT]

. One spare copy.

HIGH COURT

LK,J

DATED:02/03/2021

ORDER

CRLP.No.1181 of 2021

DIRECTION

Se,

om AERIS