Andhra Pradesh High Court - Amravati
This Criminal Petition Is Filed Under ... vs Visakhapatnam District Registered For ... on 21 September, 2021
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.4838 of 2021
ORDER:
This Criminal 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/A-44 in connection with Crime No.47 of 2018 of G.Madugula Police Station, Visakhapatnam District registered for the offence punishable under Sections 120-B of Indian Penal Code, 1860, Sections 2 and 27 of Indian Arms Act, Sections 10, 13, 16, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.
2. The case of prosecution is that on credible information received by the Sub-Inspector of G.Madugula Police Station on 22.04.2018 about planning of attack on Government officials by using Explosive Substances by the banned Maoists, he along with his staff went to Kambalabayalu junction and while checking the vehicles, arrested the petitioner under suspicious circumstances and seized a plastic bag containing Explosive material under the cover of a mediators report. Petitioner confessed that he along with other accused formed into an unlawful assembly and giving training to Militia members for planting and blasting landmines and he was given some explosive materials. Basing on the same, the present crime was registered.
3. Heard Sri U.D.Jai Bhima Rao, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner/A-44 submits that the petitioner is in judicial custody since 23.03.2021 and even after 2 lapse of 180 days as contemplated under Section 43 (ii)(a), 43D(2)(b), the police failed to file the charge sheet, as such the petitioner is entitled for default bail.
5. On the other hand, learned Assistant Public Prosecutor does not dispute the fact that police failed to file charge sheet within 180 days. He submits that if the petitioner was enlarged on bail, it is very difficult to secure him.
6. Taking into consideration the fact that police failed to file charge sheet within 180 days, this Court deems it appropriate to grant bail to the petitioner, on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A-44 shall be enlarged on bail in Crime No. 47 of 2018 of G.Madugula Police Station, Visakhapatnam District, on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Metropolitan Magistrate-cum- Sessions Judge-cum-I Additional District & Sessions Judge- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. On such release, the petitioner/ A-44 shall appear before the Station House Officer, G.Madugula Police Station everyday till the trial is completed. The antecedents of the sureties shall be verified. They shall file an affidavit that they will not become under ground cadre and they shall not leave the State.
___________________________ LALITHA KANNEGANTI, J Date: 21.09.2021 KA 3 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4838 of 2021 Dated 21.09.2021 KA