Andhra Pradesh High Court - Amravati
Yemmidi Prasad vs The Satate Of Andhra Pradesh on 20 December, 2022
P3327] IN THE HIGH COURT OF ANOHRA PRADESH AT AMARAVAT! TUESDAY THE TWENTIETH DAY OF DECEMBER - TWO THOUSAND AND TWENTY TW - 7PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 9988 OF 2022 - Between: ~"Yemmidi Prasad, S/o Venkataiah, Aged 32 Years, Rfo D.No. 28708, Thadivandiapalli Vilage, H/o. VPR Kandriga, Kodur Mandal, Annarnayya Cistriet. : Potiioner/Accused NoF AND . _ The State OF Andhra Pradesh, rep by its Publle Prosecutor, High Court of Andhra Pradesh at Amaravati, Raspandent/Campiaginant Petition under Section 449 (1) ray 440 @) of CrP Cr praying that in the circumstances stated in the memorandum af grounds filed in support of the Criminal Petiton, the High Court may be pleased fo relax the condition in the order di. 06.12.2022 passed in Cr.M.P. No, S13-of 2022 on the fle of Addi. District and Sessions Judge for Tral of Red Sanders Smuggling cases, Tirupati in Cr.No. 45/2018 af Railway Kodur Folios Station, YS Gistrict by deleting the following clause One of such surely shall produce a registered deed of conveyance stand in rus/her name for the Immovable pronerty for acneptance of his/her solvency to the satisfaction of learned Judicial Magistrate of First Class, Railway Kodur.-- COUNSEL FOR THE PETITIONER © SRID PURNACHANDRA REODY 7 GOUNSEL FOR THE RESPONDENT. PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.9938 OF 2022 ORDER:
The Criminal Petition, under Sections 439(1} r/w 440(2) of the Code of Criminal Procedure, 1973, is fled on behalf of the petitionerfAccused No.' against the order dated Q6.12,2022 in CriM.P.No.Sis of 2022 passed by the learned Special Judge for Trial of Cases relating to Red Sanders Smuagiing, Tirupati.
2} A case has been reqistered against the petitioner and others for the offences punishable under Sections 147, 148, 379, 307, 353, £208,109 r/w 149 IPC, Section 200, MOUND CR) oF the AP. Forest (Arnendment Act, 2016; 20a) )alb) (2alb), 2X 2 ba Nav hua(b) of the AVP. Forest Act, 1967, Rule 3 of the AP a
3. we ander and Red Sandal Wood Transit Rules, 1969 In Crime No.545 of 2018 of Railway Kocur Police Stat ion, YSR Kacapa.
33 Heard. Peruse the recard.
$) The learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Virupatl granted ball to the petitioner/Accused No.7? on conditien that the petitioner shail execute a personal bark for a surn of Rs.1,00,000/- with sureties for fike sum each, and one such surety, shall have a permanent and fixed adobe and shall produce a registered deed of conveyance stands in his/her name for the imraovable property for acceptance of his/her solvency to the satisfaction of learned Judicial Magistrate of T Class, Railway Kodur.
5} The condition Imposed by the learned Magistrate js onerous in nature. By virtue of the said condition, the petitions:
could net avail the bail granted to him. It is pertinent to mention here that Section 437(3) of CP.C., allows the Court to impose such condition in the Interest of justice and such condition would not be imposed in an arbitrary manner, in such a way that the petitioner cannot avail the order passed in his favour. The condition to the extent that one of such sureties shall produce a registered deed of conveyance standing in his/her name for the immovable property for acceptance of salvency to the satisfaction of learned Magistrate is not tenable and such conditions are allen to the eye of law. Going by the materfal on recard goes to show that the petitioner. is permanent resident of Thadivancianalll Vilage, Kodur Mandal, When such is the case, the question of petitioner abscondi ing does not arise.
tee 8} Learned Counsel for the petitioner refed upon a decision of Horrble Apex Court in Parvez Noordin Lokhandwealla Vs. State of Maharashtra and another' wherein jt is held that:
i4. The language of Section 43703} af the Cr BC, which uses the © expre ession "any condition... othenwvise in the interest of justice has beer construed in several decisions of this court. Ti hough ihe comp patent court is empowered fo exercise its discretion bo "oes ~any canditien" for the arant of ball under Sectio 437 (33 and ASG {1} (a) of the CrPc, the discretion of the court Aas te be guided by the need te facie the adm nistration of juse ne Secure the presence of the accused and ensure that the liberty of the acc cused | iS Nat misused to inpade the in pvestionte averawe the witnesses or obstruct the cause of 'ustice. Several decisions of this Court have s dwell on the nature of the conditions which can legitimately be impased both In the context of ball and anticipatary bai.
18. In Kunal Kurrer Ti warty The Mate of Bihar, the eppelsnt who was alleged ~ have conrnltted offences under Sections 498-8, 341, 32 <7 373 and S06, read with Section 34 2PC ane Sections J and 4 of the Dawry Prohibition Act 1951 was danied anticipatory bail by the High Court. However, the High Court directed that if the appellant was willing te treat His wife with dignity and care Dut She refuses to live with him or both parties prefer to obtain e ci ree by mutual cansent, the court belgw would releas sé the appellant on srovisianal ball, The trial court was per vaitted to confirm the provisional ball after ane year and was directed t manitor the ralationship between the parties, who would appear before & every three months. This Court, while holding a the conditions imposed by the High Court on grant of (2018) 16 SCC 74 bail were onerous and arbitrary, observed:
"G. .Gub-clause {c} of Section 437(3) allows Courts te impose such conditions in the interest of justice. We are aware that palpably such wardings are capable of accepting broader meaning. But such conditions cannot be arbitrary, fanciful or axtend beyond the ands of the provision. The phrase Interest of justice' as used under Sond * (20259 10 Supreme Court Oseas 7 wa Be the Sub-clause {3 of Section 4373} means "good administration of justice" or "advancing the trial OPGcess"
and inclusion of broader rneaning should be shunned DeCause Of purposive interpretation, 10, ... from the perusal of the impugned order It is clear that the court exceeded its jurisdiction iy imposing such arbitrary conditions, Some of the conditions imposed aré fighly onerqus and are absurr, Such enerous antidpatory bail conditions are allen and cannot be Sustained in the eyes of Jaw. The conditions imposed appear to have no nexus with the good administration of qustice or advancing the trial process, rather it is an over- Zeal0us exercise in utter disregard to the very Surpose of the criminal justice system. In view of the ahove, the impugned order passed by the High Court is set aside and the interlm protection granted to the Petitioner hy this Court... is made ahsalute, "
7) In view of the above principle laid down by the Hon'ble Apex Court, this Court is inclined to modify the condition imposed by the Court below. Accordingly, the petitioner shall be released on bail on executing a personal bond for Rs.1,00,000/- (Rupees one lakh only} with two sureties for the ke sum to the satisfection of the learned Judicial Magistrate of First Class, Railway Kedur.
8} Accordingly, the Criminal Petition Is allowed.
ad? S.SRINIVASA PRASAD ASSISTANT REGISTRAR #TRUE COPYII ¥ | HYRUE COPY For ASSISTANT REGISTRAR Toa, A. Addl District and Sessions Judge for Trail of Red Sanders Smuggling cases, Tirupati Judigdial Magistrate of First Class, Railway Sodur | The Central Prison, Sub Jail, Tirupathi S.HLO, Railway Kocur Police Station, YSR District » One OC to SRL D PURNACHANDRA REDDY Advocate fOPUCI Two Os te Public Proseoutor, High Court of AP [QUT] One spare copy CU Gr ® by bo Pat Sed HIGH COURT SRK DATED: 20/1 2/2028 BAIL ORDER CRLP.No.9838 of 2022 ALLOWED