Andhra Pradesh High Court - Amravati
M.Mohanraj vs State Of Andhra Pradesh on 9 February, 2022
| | [ 3208 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE NINTH DAY OF FEBRUARY, he
TWO THOUSAND AND TWENTY TWO :
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
CRIMINAL PETITION NO: 533 OF 2022
Between:
M.Mohanraj, S/o Manoharan, Aged about 30 years, Driver, Veeraswamy Street,
Allingaram, Tamil Nadu State. Aadhar No.5777 0509 6256
...Petitioner/Accused No.5
AND
The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court
of Andhra Pradesh at Amaravathi, Through, S.H.O. Eluru Rural Police Station,
Eluru, West Godavari District.
...Respondent/Complainant
Petition under Section 437 & 439 of Cr.P.C, praying that in the
circumstances stated in memorandum of grounds of Criminal Petition, the High
Court may be pleased to pass an Order by enlarging the Petitioner herein on bail
in Crime No.190 of 2021 of Eluru Rural P.S. in the interests of justice and impose
as such other condition or conditions as such other condition or conditions as this
Hon'ble Court deems fit and proper under the circumstances of the case..
The petition coming on for hearing, upon perusing the Petition and
memorandum of grounds of criminal petition and upon hearing the arguments of
Sri Chandra Sekhar llapakurti, Advocate for the Petitioner and Assistant Public
Prosecutor for the Respondent, the Court made the following.
ORDER:
SN
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.533 of 2022
ORDER:
This petition is filed under Sections 437 and 439 of Code of
the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular
bail to the petitioner/Accused No.5 in connection with Crime
-No.190 of 2021 of Eluru Rural Police Station, West Godavari
District, wherein the petitioner is alleged to have committed the
offence punishable under Sections 420, 471, 468 r/w 34 of the
Indian Penal Code, 1860 (for short "IPC") and under Sections 8(c}
r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for short "NDPS Act").
2. Learned counsel for the petitioner has submitted that the
petitioner was arrested and remanded on 14.06.2021 and he is in
jail for more than 225 days as of now, hence, he is entitled for
statutory bail under Section 167(2) Cr.P.C.
3. The learned Assistant Public Prosecutor, on instructions,
submits that the State has filed Criminal M.P.No.286 of 2021
before Court below for extension of time and the Court below has
allowed the said petition and granted further 180 days time to
complete the investigation and file charge sheet.
4. The learned counsel for the petitioner has relied upon the
Judgment of the Hon'ble Apex Court in Md Enamul Haque vs
Central Bureau of Investigation! wherein the Hon'ble Apex
* SLP(Crl) No.9463 of 2021
Court observed that except a vague assertion that the investigation
is in progress, no basis has been indicated why even after a lapse
of over a year, the continued custody of the appellant is required.
It was further observed that having due regard to the fact that the
charge sheet and a supplementary charge sheet have been filed
and the nature of the alleged offence and the maximum sentence,
the continued detention of the appellant who has suffered custody
for a year and two months is not warranted. He further submits
that except filing an extension petition no reasons have been
mentioned for extension of the same and hence, requested to
consider grant of statutory bail.
5. The learned Assistant Public Prosecutor appearing on behalf
of the State opposed the statutory bail and submitted that when
the Court below considered the extension petition vide Criminal
M.P.No.286 of 2021 on merits and passed orders for extension of
further 180 days to complete the investigation and file the charge
sheet, the only option left to the petitioner is to question the order
passed in the extension application and without questioning the
same, he is not entitled to any statutory bail.
6. Considering the submissions made by both the learned
counsel and on perusal of the record, this Court is of the opinion
that once the extension petition was filed and orders were passed
in that petition, it is for the petitioner to approach the concerned
Court for grant of any statutory bail. Therefore, the petitioner is
_ directed to approach the Court below and move an appropriate
application seeking statutory bail. On such application being
moved by the petitioner/A5, the Court below shall considered, the
same on merits in accordance with law and also taking into
consideration, the fact that it has already passed orders on the
extension petition.
7. With the above directions, the criminal petition is disposed
of. |
Sd/- B.Narsingh Rao
DEPUTY REGISTRA
IITRUE COPY!!
f .
SECTION OFFICER
To,
4. The Special Judge under NDPS Act -- cum -- | Additional District &
Sessions Judges court, West Godavari District at Eluru.
The Special Judicial Magistrate of First Class -- cum -- Excise, Eluru.
The Superintendent, Central Prison, Rajamahendravaram.
The Station House Officer, Eluru Rural Police Station, Eluru, West
Godavari District.
One CC to Sri. Chandra Sekhar llapakurti, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
~ One spare copy
PON
Snoa
M
HIGH COURT
DRJ
DATED:09/02/2022
ORDER
CRLP.No.533 of 2022
DISPOSED OF
Paes -
- oe?
