HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE NO.: Crl.A.No.431 of 2015 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE
05. 25.10.2021 JB, J & RNT, J (Proceedings taken up through video conferencing) I.A.No.1 of 2021 Learned counsel appearing for the petitioners submit that co-convict i.e., A.3 has been enlarged on bail by a Coordinate Bench of this Court vide order dated 09.08.2021 in view of the directions in Batchu Rangarao and others v. State of A.P {2016 (3) ALT (Criminal) 505 (AP)}. He further submits that the petitioners are in jail for more than five years and the case does not fall within the exceptions engrafted in the said judgment.
Learned Public Prosecutor appearing for the State submits that the conduct of the petitioners in jail was satisfactory.
Under such circumstances, in view of the fact that the petitioners have been in custody for more than five years and there is little possibility of the appeal being heard in the near future and on principle of parity as A.3 has been released on bail by a Coordinate Bench of this Court, we are inclined to extend the same privilege to the petitioners also on same terms and conditions.
Accordingly, the sentence imposed on the petitioners is suspended and they shall be enlarged on bail on each of them executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties of like amount each to the satisfaction of the Superintendent, Central Prison, Rajamahendravaram. However, the petitioners shall report before the concerned Police Station once in a month i.e., on last Sunday of every month between 10:00 AM and 5:00 PM till disposal of the appeal and they shall be present before the Court or appear virtually at the time of hearing of this appeal.
It is needless to mention that if the petitioners failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.
Crl.A.No.431 of 2015 Post the appeal for final hearing in usual course.
________________ Joymalya Bagchi, J ________________ Ravi Nath Tilhari, J Ivd