Boddu Naga Phanindra Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 1373 AP

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  HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

           Criminal Revision Case No.207 of 2022

Judgment:

     This criminal revision case is preferred against the order

dated 19-11-2021 passed in Crl.M.P. No.780 of 2021 on the file

of Special Judicial Magistrate of First Class, Excise Court,

Ongole, Prakasam District, whereby the petition filed for interim

custody of the vehicle that was seized in Crime No.267/2021 of

Chimakurthy Police Station was allowed on condition of

executing a personal bond for Rs.15,00,000/- with one surety

by the petitioner among other conditions.

     2. The petitioner herein is aggrieved only by the said

direction to execute a self bond for Rs.15,00,000/- with one

surety.

     3. Heard learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the 1st respondent

/State.

     4. The 2nd respondent is the de facto complainant and

he is not the owner of the vehicle.    The trial Court also has

recorded in the impugned order that the petitioner is the owner

of the said vehicle. Therefore, no notice is required to be given

to the 2nd respondent.

     5. As already noticed supra, the only grievance of the

revision petitioner in this case is regarding the amount of

personal bond with one surety that was ordered by the trial

Court to a tune of Rs.15,00,000/-.
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     6. Learned counsel for the petitioner has relied on the

earlier order of this Court passed in W.P.No.3909 of 2021, dated

18-02-2021, whereby this Court has modified the said condition

directing the petitioner to execute a self bond for Rs.1,00,000/-

with two sureties for a like sum to the satisfaction of the

concerned Magistrate and thereby prayed to modify the

impugned order also accordingly.

     7. Resultantly, the criminal revision case is allowed

modifying the aforesaid direction to furnish personal bond for

Rs.15,00,000/- with one surety.      The petitioner shall furnish

personal bond for Rs.1,00,000/- (Rupees one lakh only) with

two sureties for a like sum to the satisfaction of the learned

Special Judicial Magistrate of First Class, Excise Court, Ongole.

The other conditions in the impugned order hold good. Pending

applications, if any, shall stand closed.


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                       CHEEKATI MANAVENDRANATH ROY, J.

21st March, 2022. Ak

HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Criminal Revision Case No.207 of 2022

21st March, 2022.

(Ak)