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Chadarla Narasimha v. the State of Andhra Pradesh

Andhra Pradesh HC16 Nov 2022CRLP/9057/2022

Case brief

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What is this about?

The High Court disposed of a bail modification petition filed by a petitioner accused of Red Sanders smuggling. The Court modified existing bail conditions to remove the requirement for produce of property deeds, settling instead on a personal bond with sureties and attendance on Sundays until the charge sheet is filed.

What did the court decide?

Bail conditions modified: Petitioner to execute personal bond of Rs.1,00,000 with two sureties of like sum each and appear before SHO every Sunday till charge sheet.

Chadarla Narasimha Vs the State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.9057 of 2022

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Order:

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The Criminal Petition, under Sections 439(1)(b) and 482 of the Code of Criminal Procedure, 1973, has been filed seeking to modify the conditions imposed on the petitioner/A3 in the order, dated 21.10.2022, passed in Crl.MP No.299 of 2022 by the learned Special Judge in the cadre of Additional District and Sessions Judge for trial of Red Sanders Smuggling Cases, Tirupati.

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A case has been registered against the petitioner herein and others in Crime No.119 of 2022 of RSASTF Police Station, Tirupati, for the offences punishable under Section 379 read with 34 IPC, Section 20(1)(d)(i) (a) r/w 20(1)(c)(ii)(iii)(iv)(x) and Section 36(a) read with 32A of the A.P. Forest (Amendment Act) 2016.

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Heard. Perused the record.

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The learned Special Judge in the cadre of Additional District

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and Sessions Judge for trial of Red Sanders Smuggling Cases, Tirupati, granted bail to the petitioner/A-3 in Crime No.119 of 2022 of RSASTF Police Station, Tirupati on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with two sureties for like sum each, and one of such surety shall have a permanent fixed abode and shall produce a registered deed of conveyance stands in his/her name for the immovable property for acceptance of

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his/her solvency to the satisfaction of learned Judicial Magistrate of First Class-cum-Special Court for trial of cases relating to Red Sanders Smuggling, Tirupati. Further, on such release, the petitioner/A3 was directed to appear before the SHO, RSASTF Police Station, Tirupati, on every Sunday between 10.00 AM and 5.00 PM for a period of four months or till filing of charge sheet, whichever is earlier.

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The present Criminal Petition is filed on the ground that the petitioner is not in a position to produce the surety along with registered title deed evidencing he has immovable property worth of Rs.1,00,000/- and though bail was granted on 21.10.2022, the petitioner could not secure such surety and he urged to modify the conditions imposed by the Court below.

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Having considered the submissions of the learned counsel for the petitioner and for the reasons stated in the petition, this Court is inclined to modify the conditions imposed by the learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Tirupati, in Crl.MP No.299 of 2022, dated 21.10.2022, to the extent that the petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Court for trial of cases relating to Red Sanders Smuggling, Tirupati. On such release, the petitioner/A3 shall appear before the Station House Officer, RSASTF Police Station,

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Tirupati on every Sunday between 10.00 A.M., and 5.00 P.M, till filing of the charge sheet.

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Accordingly, the Criminal Petition is disposed of.

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As a sequel thereto, the miscellaneous applications, pending if

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any, shall stand closed.

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_____________________ K. SREENIVASA REDDY, J

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Dated:16.11.2022 Note : Issue CC today (B/O) Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.9057 of 2022

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Dated:16.11.2022

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Nsr

Chadarla Narasimha v. the State of Andhra Pradesh

Case brief

What is this about?

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Chadarla Narasimha v. the State of Andhra Pradesh

Case brief

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