Andhra Pradesh High Court - Amravati
Allu Prasad vs The State Of A.P on 17 November, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
****
I.A. No.1 of 2021
in
Criminal Petition No.1450 of 2021
Between
Allu Prasad.
.... Petitioner/A6
And
The State of AP, rep. by
Public Prosecutor,
Amaravathi through SHO, S. Rayavaram PS,
Visakhapatnam district.
.... Respondent/Complainant
ORDER PRONOUNCED ON : 17.11.2021
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI :
1. Whether Reporters of Local newspapers : NO
may be allowed to see the Judgments?
2. Whether the copies of judgment may be : YES
Marked to Law Reporters/Journals?
3. Whether Their Ladyship/Lordship wish to : YES
see the fair copy of the Judgment?
* THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
+ I.A. No.1 of 2021
in
Criminal Petition No.1450 of 2021
% 17.11.2021
# Allu Prasad.
.... Petitioner/A6
Vs.
$ The State of AP, rep. by
Public Prosecutor,
Amaravathi through SHO, S. Rayavaram PS,
Visakhapatnam district.
.... Respondent/Complainant
!Counsel for the Petitioner : Sri M. Chalapati Rao
^Counsel for the Respondent : Public Prosecutor
<Gist :
>Head Note :
? Cases referred:
1. (2020) 9 SCC 101
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
I.A.No.1 of 2021
in
Criminal Petition No.1450 of 2021
Order:
The present IA is filed seeking to relax the conditions imposed in
the order dated 29.07.2021 passed in Criminal Petition No.1450 of 2021 in
Crime No.662 of 2020 of S. Rayavaram Police Station, Visakhapatnam
District.
Criminal petition No.1450 of 2021 was filed under Sections 437 and
439 of the Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.')
seeking regular bail to the petitioner/A6 in connection with Crime No.662
of 2020 of S. Rayavaram Police Station, Visakhapatnam district, which was
registered for the offence punishable under Section 20(b)(ii)(c) r/w 8 (c)
of the Narcotic Drugs and psychotropic Substances Act, 1985 (for brevity
'NDPS Act').
The allegation against the petitioner is that he is the pilot of the
crime vehicle and he was arrested on 31.12.2020 and since then he has
been in judicial custody. As the charge sheet was not filed within the
statutory period of 180 days, nor any application has been filed seeking
extension of time, the said Criminal Petition No.1450 of 2021 was allowed
by this Court on 29.07.2021 and the petitioner/A6 was enlarged on bail in
the said crime on his executing a self bond for Rs.8,50,000/- with two
sureties for a like sum each to the satisfaction of the Court of the
Additional Judicial Magistrate of First Class, Yelamanchili, Visakhapatnam
district and on such release, the petitioner was directed to appear before
the Station House officer, S. Rayavaram Police Station, Visakhapatnam
district once in a week between 10.00 AM and 1.00 PM till completion of
trial.
In the present application that is filed seeking relaxation of the
conditions imposed in the order dated 29.07.2021, it is stated that the
petitioner is a poor agricultural coolie and he is not able to furnish two
sureties as stipulated by this Court; no narcotic substance is seized from
him and even according to the prosecution he is said to have been acted
as a pilot to the crime vehicle; even after grant of bail for the last two
months he is in judicial custody and sought to modify the conditions
imposed.
Heard learned counsel for the petitioner and learned Public
Prosecutor.
Learned counsel for the petitioner has relied upon the judgment of
the Hon'ble Supreme Court reported in Saravanan v. State
represented by the Inspector of Police1, in support of his contention
that while granting default bail no conditions can be imposed.
Learned Public Prosecutor has vehemently opposed the relaxation
of conditions of bail and submits that any relaxation would amount to
reviewing of the order passed by this Court and that if the petitioner is so
aggrieved he can file an appeal before the Hon'ble Supreme Court.
As the present application is filed seeking relaxation of conditions,
the same will not amount to reviewing of the order of the bail, as the
order granting bail is not being reviewed through the present order and as
this Court has got power to relax the conditions imposed, the petitioner
(2020) 9 SCC 101
need not be relegated to the appellate Court for relaxation of the said
condition.
The issue that falls for consideration before this Court is as to
whether any precondition can be imposed while granting default
bail/statutory bail under Section 167(2) Cr.P.C., and as to whether any
conditions can be imposed post release on default bail for cooperating in
investigation, reporting to police station etc.
While granting regular bail under Section 437 Cr.P.C., preconditions
can be imposed for release, but such preconditions cannot be imposed for
release on default bail. Imposing such a condition while releasing the
accused on default bail/statutory bail would frustrate the very purpose
and object of default bail under Section 167(2) Cr.P.C. While considering
the default bail/statutory bail, primarily two things are required to be
considered. Firstly, whether the statutory period for filing the charge
sheet has expired and secondly whether the accused is prepared to
furnish the bail. The Hon'ble Supreme Court in Saravanan's case
(supra) also observed that no other condition of deposit of amount can be
imposed, as imposing such a condition would frustrate the very object and
purpose of default bail.
In the instant case, admittedly, as charge sheet could not be filed
within the statutory period of 180 days, petitioner is entitled for statutory
bail under Section 167(2) Cr.P.C. Hence, the condition of executing a self
bond for Rs.8,50,000/- with two sureties for a like sum each to the
satisfaction of the Court of the Additional Judicial Magistrate of First Class,
Yelamanchili, Visakhapatnam district, imposed in the order, dated
29.07.2021, is relaxed. But, even in statutory bail conditions can be
imposed post release, for cooperation in investigation, reporting to police
station etc. In view of the same, the second condition which is imposed
post release, is not relaxed and the petitioner shall appear before the
Station House Officer, S. Rayavaram Police Station, Visakhapatnam district
once in a week between 10.00 AM and 1.00 PM till completion of trial.
Accordingly, IA is ordered.
_____________________________
KONGARA VIJAYA LAKSHMI, J
Date:17.11.2021
Nsr
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
I.A.No.1 of 2021
in
Criminal Petition No.1450 of 2021
Date:17.11.2021
Nsr
