Andhra Pradesh High Court Grants Bail To Person Accused Of Illegally Transporting 55 Kgs Ganja

Justice Cheekati Manavendranath Roy observed that he has been languishing in jail for the last more than 240 days period of time. Since the entire investigation in this case is completed and charge sheet was also filed. Therefore, in the said facts and circumstances of the case, his further incarceration is not warranted.

"The petitioner was arrested on 29.07.2021 and since then he has been languishing in jail for the last more than 240 days period of time. As per the submission made by learned Additional Public Prosecutor, the entire investigation in this case is completed and charge sheet was also filed. Therefore, in the said facts and circumstances of the case, his further incarceration is not warranted. So, he is entitled to bail."

While granting bail the court recorded that due to the apprehension of police that the accused person may abscond, a few conditions need to be imposed.

Accordingly, the Court ordered the petitioner to be enlarged on bail on execution of self bond for Rs.2,00,000/- with two sureties who shall be the solvent sureties and local sureties and they shall be the permanent residents of Visakhapatnam District, for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, V.Madugula, Visakhapatnam.

"On his release, the petitioner shall report before the Station House Officer, Special Enforcement Bureau Station, V.Madugula, Visakhapatnam once in a month on the 2nd day of every succeeding month till the trial of the case is concluded and the case is disposed of in the trial Court. The aforesaid conditions are imposed to ensure the presence of the petitioner during the course of trial and in view of the apprehension expressed by learned Additional Public Prosecutor as discussed supra."

The court held that the petitioner shall scrupulously comply with the above conditions and any infraction of the same will be viewed very seriously and it also entails cancellation of bail.

Case Title: ARUN KUMAR MAHIPAL SINGH v. STATE

Citation: 2022 LiveLaw (AP) 60

Click Here To Read/Download Order