IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1203/2024
(Arising out of SLP(Crl.)No. 859/2024)
AVULA RAMU Appellant(s)
VERSUS
THE STATE SHO Respondent(s)
O R D E R
Leave granted.
This appeal assails the judgment and order dated 17.11.2023 passed by the High Court of Judicature of Andhra Pradesh at Amravati in Criminal Petition No. 8478 of 2023.
The appellant herein has been booked for the crime registered pursuant to FIR No. 8 of 2023 dated 07.01.2023 lodged with Police Station Maddipadu, Prakasam with respect to an offence punishable under Sections 8 (c)r/w 20 (b) (ii) (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985. An application seeking regular bail having been rejected by the High Court vide impugned order dated 17.11.2023, the appellant has preferred the instant appeal.
This Court vide its order dated 24.01.2024, issued notice in the instant matter.
Heard learned counsel for the appellant in support of the petition and learned counsel for the State and perused the material on record. The appellant has been in custody since 08.01.2023. One of the co-accused (accused No.2 has been granted bail).
Considering the facts on record, in our view, the case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant Avula Ramu shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 8 of 2023 mentioned above.”
It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.
Any infraction of the conditions shall entail cancellation of bail granted to the appellant.
With these observations, the appeal is allowed.
J.
(B.V. NAGARATHNA)
J.
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
February 26, 2024
ITEM NO.7 COURT NO.12 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 859/2024
(Arising out of impugned final judgment and order dated 17-11-2023 in CRL.Pet. No.8478/2023 passed by the High Court Of Andhra Pradesh At Amravati)
AVULA RAMU Petitioner(s)
VERSUS
THE STATE SHO Respondent(s)
(IA No.15087/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )
Date : 26-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Petitioner(s) Mr. Rana Sandeep Bussa, Adv.
Mr. Shashibhushan P. Adgaonkar, AOR
Dr. Wolf Chandra Paul, Adv.
Dr. Annie John, Adv.
Mr. Omkar Jayant Deshpande, Adv.
Mrs. Pradnya S Adgaonkar, Adv.
For Respondent(s) Mr. Mahfooz Ahsan Nazki, AOR
Mr. Polanki Gowtham, Adv.
Mr. K. V. Girish Chowdary, Adv.
Mr. T. Vijaya Bhaskar Reddy, Adv.
Ms. Rajeswari Mukherjee, Adv.
Ms. Archita Nigam, Adv.
Mr. Meeran Maqbool, Adv.
Mr. V. Ram Mohan Reddy, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The Court allowed the appeal in terms of the signed order directing inter alia as under:-
“The appellant Avula Ramu shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 8 of 2023 mentioned above.”
Pending application(s) stands disposed of.
(RASHMI DHYANI PANT) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)