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2023 Supreme(AP) 1441

VENKATA JYOTHIRMAI PRATAPA, A. V. SESHA SAI
Ashok Kumar Deg – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
Ankalla Prudhvi Raj, Advocate, N.Harinath, Advocate

JUDGMENT

A.V.SESHA SAI,J - Accused No.7 in Sessions case No.39 of 2020 on the file of the Court of the Metropolitan Sessions Judge-cum-Special Judge for Trail of NIA Act cases at Vijayawada is the appellant in the present Criminal Appeal, preferred under Sec. 374(2) of the Code of Criminal Procedure.

2. This appeal is directed against the order dtd. 10/6/2022 passed by the said Court, dismissing the Crl.M.P.649 of 2022, filed by the appellant under Ss. 437 and 439 of Code of Criminal Procedure, praying to enlarge him on bail.

3. Heard Sri Pankaj Singh, learned counsel representing Sri Ankalla Prudhvi Raj, learned counsel for the appellant and Sri N.Harinath, learned Deputy Solicitor General for Union of India for the respondents, apart from perusing the material available on record.

4. Submissions/contentions of the learned counsel for the appellant:

1. Prosecution erroneously invoked Sec. 120 B IPC and no case is made out against Accused No.7-appellant herein under the aforesaid provision of law and though the charge sheet alleges a conspiracy on general presumption, the same is completely silent on the nature of role of Accused No.7 in the conspiracy. The prosecution is trying to

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