Andhra Pradesh High Court - Amravati
B. Durga Prasad, W.G.Dist. vs P.P., Hyd on 1 April, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY SECOND DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE M.GANGA RAO
IA No. 1 OF 2020
IN
CRLA NO: 1192 OF 2015
Between:
B.Durga Prasad, S/o. Satyanarayana, 25 yrs, Kapu, R/o.Seethampet Village of Kovvur
Mandal, West Godavari, District.
...Petitioner/Appellant
(Petitioner in CRLA 1192 OF 2015
on the file of High Court)
AND
The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradseh,
Amaravathi.
...Respondent/Respondent
(Respondents in-do-)
Petition under Section 389 of Cr.P.C praying that in the circumstances stated in
the memorandum of grounds of criminal appeal, the High Court may be pleased to
suspend the sentence and release the petitioners on bail pending disposal of the
criminal appeal no.1192/2015 preferred against the judgment dated 9-11-2015 in SC
No.60/2013 of the file of the court of IV Additional District & Sessions Judge, Tanuku,
pending disposal of CRLA No.1192 of 2015, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal appeal and upon hearing the arguments of Sri
C.Prakash Reddy, Advocate for the Apellant and Public Prosecutor for the Respondent,
the Court made the following.
ORDER:
"The petitioner/appellant is in jail fore more than five (5) years. He prays for
bail in view of the law laid down by the Composite High Court at Hyderabad in
Batchu Rangarao and others v. State of A.P {2016 (3) ALT (Criminal) 505 (AP)}.
Co-convicts have also been enlarged on bail.
Learned Additional Public Prosecutor submits report wherefrom it appears
the conduct of the petitioner in jail was satisfactory.
We have considered the materials on record and having considered the
protracted period of detention suffered by the petitioner since his conviction and
as his conduct in jail is satisfactory, we are inclined to suspend the sentence and
enlarge the petitioner on bail in view of the law declared in Batchu Rangarao's
case (supra).
Accordingly, the petitioner shall be enlarged on bail on his executing a
personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties of
the like amount each to the satisfaction of IV Additional District and Sessions
Judge, Tanuku. On such release, he shall appear before the said Court once in a
month till disposal of the Appeal, failing which the learned Sessions Judge shall
submit a report to this Court, whereupon the bail so granted to the petitioner
stand cancelled in accordance with law."
SD/- E.Kameswar Rao
ASSISTANT REGISTR
/ITRUE COPYI/
For ASSISTANT ISTRAR
To,
The IV Additional District & Sessions Judge, Tanuku
The Superintendent, Central Jail, Tanuku.
One CC to Sri. C.Prakash Reddy, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
Two spare copies
akwn>
MM
Note: Amended the "SC.No.60/2015" as SC.No.60/2013" in the 1* para of prayer
portion in the bail order dated: 22/03/2021 in IA.No.1/2020 in CriA.No.1192/2015 as per
the Court order dated:01/04/12021 in IA.No.01/2021 in CriA.No.1195/2015.
Substitute the Amended Order dated:01/04/2021 in the place of earlier order dated
22/03/2021 which was dispatched on 23/3/2021.
SD/- E.Kameswar Rao
ASSISTANT REGISTRAR
HIGH COURT
JBJ
MGRJ
DATED:22/03/2021
01/04/2021
AMENDED
ORDER
IA No. 1 OF 2020
IN
CRLA NO: 1192 OF 2015
INTERIM DIRECTION
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