THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2016 of 2010 (DATED : 01-12-2010) Between: Gundabathina Masthannaiah R/o Gudipallipadu village, Nellore District …Petitioner A n d Bade Sudhakar Reddy and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2016 of 2010 ORDER: This revision has been directed against the order dated 02.8.2010 passed in Crl.M.P.No.3798 of 2010 in C.C.No.143 of 2004 on the file of Additional Judicial First Class Magistrate, at Kovur. 2. The petitioner is a surety to the accused in C.C.No.143 of 2004. Consequent upon the failure of the accused to appear before the trial Court, notice came to be issued to the petitioner who stood as surety and subsequently, NBW came to be issued against him. The petitioner filed Crl.M.P.No.3798 of 2010 under Section 70(2) Cr.P.C to recall the NBW. The learned Additional Judicial First Class Magistrate recalled the NBW, subject to the petitioner furnishing a bond for an amount of Rs.1,00,000/- on or before 3.8.2010. The said order is assailed in this revision. 3. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. 4. Learned counsel appearing for the petitioner submits that the petitioner stood as surety to the accused and executed a bond for Rs.20,000/-. Since the trial Court issued NBW against the petitioner, who stood as surety, he moved an application under Section 70(2) Cr.P.C to recall the N.B.W. 5. The quantum of amount for which the petitioner is required to execute bond for recall of NBW appears to be on high side. When the original bond is for Rs.20,000/-, insisting the petitioner to execute bond for Rs.1,00,000/- to recall NBW does not stand to reason. 6. Therefore, the condition imposed on the petitioner for recall of N.B.W is hereby modified and instead, NBW issued against the petitioner is ordered to be recalled subject to his furnishing bond for Rs.10,000/-(Rupees ten thousand only). Time allowed to the petitioner for execution of the bond by the trial Court is extended by one more week from today. 7 Accordingly, the Criminal Revision Case is disposed of at the stage of admission. _____________________ B.SESHASAYANA REDDY, J Dt.01-12-2010 Note:- Issue CC by 03-12-2010 (B/o) RAR U R G E N T THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2016 of 2010 Trd. to CMSO (DATED : 01-12-2010)