The High Court allowed a criminal petition for reduction of the personal bond amount imposed in multiple cases across Telangana and Andhra Pradesh, rejecting fears that lower security would facilitate flight from justice.
Bond amount reduced from Rs. 5,00,000/- to Rs. 1,00,000/- with two sureties for a like sum each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CRI MI NAL PETI TI ON No.3034 OF 2017
ORDER:
This Criminal Petition, under Section 440 Cr.P.C., is filed by the petitioner/A.1 to reduce the bond amount on the ground that approximately 25 crimes were registered against the petitioner based on the same cause of action by different police stations, on the complaints of different complainants and while granting bail, the petitioner was directed to execute a personal bond for Rs.5,00,000/- with two sureties for a likesum each to the satisfaction of Principal Sessions Judge, Nalgonda, but the difficulty expressed by the petitioner is that it is impossible for him to furnish security for Rs.5,00,000/- in each case, hence requested to reduce the bond amount by exercising the power under Section 440 Cr.P.C.
In view of the facts and circumstances of the case and that the petitioner being an accused in various crimes throughout two States i.e., Telangana and Andhra Pradesh, for the same offences, question of fleeing from justice would not arise even if the bond amount is reduced. On the other hand, imposing such a condition is virtually amounts to denial of bail.
Hence, by exercising the power under Section 440(2) Cr.P.C., the bond amount is reduced from Rs.5,00,000/- to Rs.1,00,000/- with two sureties for a like sum each to the satisfaction of the Principal Sessions Judge, Nalgonda. The other conditions imposed by the learned Sessions Judge shall remain intact.
Accordingly, the Criminal Petition is allowed.
_________________________ M.SATYANARAYANA MURTHY,J
Date:12.04.2017 INL
3 issues framed by the court
Whether the bond amount imposed under Section 440 Cr.P.C. can be reduced when the petitioner cannot furnish security.
Whether reducing the bond amount would amount to denial of bail in cases involving multiple arrests across states.
Whether the Criminal Court possessed jurisdiction to modify bond conditions under Section 440 Cr.P.C.
1 provisions across 1 enactments
Petitioner/A.1
Principal Sessions Judge, Nalgonda
M.Satyannarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
