Andhra Pradesh High Court - Amravati
Pilli Dhanayamma vs The State Of Andhra Pradesh on 5 March, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT) TUESDAY THE FIFTH DAY OF MARCH TAVO THOUSAND AND TWENTY FOUR 'PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 334 OF 2024 Between: PH Dhanayamma, Wo. Late Appanna, aged about 65 years, Rio. Opp. Grama Sachivalayam, SVP Nagar, Kobbarithota, Visakhapatnam, Visakhapatnam District. .Petfionen accused Nad AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andra Pradesh. . Respondent Pattion under Sectlan 438(4} of Or Pc. praying that in the circumstances stated in the memorandum of grounds filed in support of the Crirninal Petition, the High Court may be pleased to modify the order d by the Mefropoliian Sessions Judge-ourn-l Addl. District & Sessions Judge - 'pe: ciai Judge for Thal of Offences under NDPS Act, Visakhapatnam in CrP. No. $897/2023 In Cr. No. fSeDe dated 19.12.2023 by considering the poverty situation and health condition of the Petitioner/Accused No.4 and permit the Petilioner/Accused No.4 fo deposit the surely bond amount of Rs. 10,000/- with one surely instead of Rs 50.00% and ralease the PetitionerfAccused No.4 on bail in Cr No. 19/2023 of Dwaraka PLS, Visakhapainam District The Petifion coring on for hearing, upon perusing the Petition and the memearanduin of graunds fled in support thereof and upon hearing the arguments of OR? GOLLAPALL] MAHESWARA RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following The Court made the following: 'The Criminal Petition under Section 439C1} of Cr.P.C., has been filed by the petitioner herein, seeking modification of the conditions in the order vide CriM.P.No 3351 of 2023 dated 19,13,.2003 on the file of the learned Metropolitan Sessions Judge- cunvl Additional District & Sessions Judge-Special Judge for Trial of Offences under NOPS Act, Visakapainam. 2. Originally, the petitioner herein bas fled petition for grant af A regular bail in Crime No.19 of 2023 of Dwaraka Police Station. By an order, dated 19.12.2023, the learned Metropolitan sessions Judge-curn-I Additional District & Sessions Judge-Speciai Judge for Trial of Offences under NDPS Act, Visakapatnam allowed the said petition by imposing certain conditions. Agarieved by the said WAN bo conditions immosed by the isamed Session Criminal Petition is preferred by the petitioner to modify the conditions imposed while granting bail. 3. itis submitted that despite grant of bail by the Metropolitan eessions Judge, Visakhapatnam in CrLM.P.NO.3351 of 2033, petifioner coulel not furnish sureties for Rs.50,000/- with hwo sureties to the satisfaction of the 7 Additional Chief Metropolitan Magistrate, Visakhapatnam. He further contends that the petitioner is belonging to poor family ard living belaw the noverty fine. Due to the said reasons, the petitioner is unable to deposit the surety bond amount of RS.50,000/-, In the said facts of the case, pelitioner requests te consider her case on humanitarian grounds, 4. Learned counsel for the petitioner refled on 3 decision reported in SMWP (Criminal) No of 2024 dated S1.O1.2023 on the file of the Hon'ble Supreme Court wherein it js observed that "Wf the bal bands are net furnished within one month fam fhe vate of grant bail the concerned Court May suo-motys {eke uo fie cese and consider whether the canditions of bag POQGigre mocicatiow rata xation " 5. It seams that the Court which granted bail to the petitioner in this Crime has not taken such stens, thereby forced the Sac ION To, cn de 09 be POR petitioner fo approach this Court. shaw that the said submissions are inclined to modify the ball order. There is nothing on recard to incorrect, as such this Court is Satition is allawed and the hall on her executing of self bond for Rs.20,000/- (Rupees aventy & for the like surn each to the satisiacts Chief clear that the ather conditians reNTight Sairke. AS a sequel therets, i Metropoliian Magistrate, Visah the miscellan niyy with fwo sureties of the learned I Additional hapatnam, [It is hereby made ty pending in this Criminal Petition shall stand closed. e Das fTRU The Metropolifan Special Judge for Trai Visakhapainam Distt The | Additional Chief Tha Station House officer, Dwa One CC to SRI GOLLAPALLI MAR Two CCs to PUBLIC TOUT) §. Gne spare copy Rd Oy = PP x ra COPY! Sessions Judge-cum! Addi. PHstnet & : neeas under NDPS Aci, raka Polk we is oO PROSECUTOR, High Court of And Sai. U. SRI DEVI ASSISTANT REGISTRAR A . For A SECTION OFFICER Soa tad s . SEES Judge - 1 Metropolitan Magistrate, Viekhapainan ice Station, Visakhapatnam District A: WIARA RAG Advocate fOPUC} < Nr: Mee PR Ts HIGH COURT . TR, DATED OS 2/2024 ORDER
CRUP Noa of 2024 ALLOWED :
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