Andhra Pradesh High Court - Amravati
G.B.Basheer Sahab vs The State Of Andhra Pradesh on 23 November, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 6342 OF 2021 Between: nak G.B.Basheer Sahab, S/o. G.N. Bashan Saheb, Aged about 59 years, R/o D.No.2-766, Pernambat Road, V. Kota Town & Mandal, Chittoor District. ...Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of. A.P. at Amaravati. ...Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased grant him Anticipatory Bail in the event of his arrest in connection with Crime No.6/2020, dated 07.01.2020 of V. Kota Urban Police Station, Chittoor District in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri M Siva Kumar, Advocate for the Petitioner, and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER
ati.
--\ os THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.6342 of 2021 ORDER:-
This petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/A-5 in the event of his arrest in connection with Crime No.6 of 2020 of V.Kota Urban Police Station, Chittoor District for the offence punishable under Sections 379 of the Indian Penal Code, 1860 (for short "IPC"), Sections 32 and 29 of Andhra Pradesh Forest Act, 1967 and Rule 3 of Andhra Pradesh Sandal Wood & Red Sandal Wood Transit Rules, 1967.
2. In earlier occasion this Court vide order dated 23.03.2020 disposed of the Crl.P.No.1658 of 2020 giving liberty to the petitioner to surrender before the learned jurisdictional Magistrate within a period of two (02) weeks and move a regular bail application and in such an event, the learned Magistrate shall dispose of the said application on its merits, on the same day. However, due to Covid-19 pandemic situation, the petitioner did not comply the said orders and in view of lapse of more than one year, the petitioner came up with the present petition.
3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that only basing on the confession of other accused, petitioner is implicated.
5. Learned Assistant Public Prosecutor has opposed and submits that in view of the order passed dated 23.03.2020 in Crl.P.No.1658 of 2020 passed by this Court, petitioner has to surrender before the concerned Court and inspite of surrendering, petitioner filed this petition and the same is not maintainable.
6. Considering the submissions made by learned counsel for the petitioner and in view of Covid-19 pandemic situation, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner / A-5 shall be released on bail in the event of his arrest in connection with Crime No.6 of 2020 of V.Kota Urban Police Station, Chittoor District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, V.Kota Urban Police Station, Chittoor District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
SDI- K.TATA RAO DEPUTY. REGISTRAR [TRUE COPYI/ ' SECTI OFFICER , To,
41. The Station House Officer, V. Kota Urban Police Station, Chittoor District. |
2. One CC to SRI. M SIVA KUMAR, Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
4. One spare copy VD me:
"3 HIGH COURT DRJ DATED:23/11/2021 ORDER CRLP.No.6342 of 2021 ALLOWED