Andhra Pradesh High Court - Amravati
Boya Chilakala Ramudu, Kurnool ... vs P.P., Hyd on 2 August, 2021
Bench: C.Praveen Kumar, B Krishna Mohan
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.727 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
Transferre
2.8.2021 -d to I/O
15. CPK, J & BKM, J folder
before
I.A.No.2 of 2021 correction
AMD
The petitioners, who are accused Nos.1 to
3, filed the present application under Section
389(1) Cr.P.C., seeking bail, pending disposal of
the Criminal Appeal.
The petitioners/A-1 to A-3 were tried in
Sessions Case No.331 of 2014 on the file of the
learned III Additional District and Sessions
Judge, Kurnool at Nandyal for the offence
punishable under Section 302 read with 34 I.P.C.
The learned Sessions Judge convicted A-1
to A-3 for the offence punishable under Section
302 read with 34 I.P.C. and accordingly,
sentenced them to undergo rigorous
imprisonment for life and to pay a fine of
Rs.1,000/- each, in default of payment of fine, to
undergo simple imprisonment for one month.
The only ground on which the present
application seeking bail came to be filed is that
the petitioners have completed 5 years of actual
sentence after conviction by the trial Court and in
view of the Judgment in Batchu Rangarao &
others v. State of A.P.1, they would be entitled
for bail.
2016 (3) ALT (Crl.) 505 (DB) (A.P).
The fact that the petitioners have completed
5 years of actual sentence after their conviction is
not in dispute. The Division Bench of this Court
in Batchu Rangarao & others supra, held as
under:
"On considering their valuable suggestions
and after a thorough evaluation of the
relevant factors, we are inclined to indicate
broad criteria on which the applications
for grant of bail pending the Criminal
Appeals filed against the conviction for the
offences, including the one under Section-
302 IPC, and sentencing of the appellants
to life among other allied sentences, are to
be considered. Accordingly, we evolve the
following criteria:
(1) A person who is convicted for life and
whose appeal is pending before this Court
is entitled to apply for bail after he has
undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons falling
in (1) supra shall be subject to his good
conduct in the jail, as reported by the
respective Jail Superintendents;
(3) In the following categories of cases, the
convicts will not be entitled to be released
on bail, despite their satisfying the criteria
in (1) and (2) supra:
The offences relating to rape coupled with
murder of minor children, dacoity, murder
for gain, kidnapping for ransom, killing of
the public servants, the offences falling
under the National Security Act and the
offences pertaining to narcotic drugs.
(4) While granting bail, the two following
conditions apart from usual conditions
have to be imposed, viz., (1) the appellants
on bail must be present before the Court at
the time of hearing of the Criminal
Appeals; and (2) they must report in the
respective Police Stations once in a month
during the bail period.
This broad criteria cannot be understood
as invariable principles and the Bench
hearing the bail applications may exercise
its discretion either for granting or
rejecting the bail based on the facts of each
case. Needless to observe that grant of bail
based on these principles shall, however, be
subject to the provisions of Section-389 of
the Code of Criminal Procedure.
Learned Public Prosecutor states that the
case of the petitioners does not fall within any of
the exceptions laid down in the said judgment
and that the conduct of the petitioners in the jail
is satisfactory.
It is not a case where the petitioners are
alleged to have committed offence relating to rape
coupled with murder of minor children, dacoity,
murder for gain, kidnapping for ransom etc.
Since the case of the petitioners falls within
the parameters laid down in Batchu Rangarao
& others case and as the judgment of the
Division Bench attained finality, the petitioners
shall be released on bail on certain terms and
conditions.
Accordingly, the Interlocutory Application is
allowed and the petitioners/A-1 to A-3 shall be
enlarged on bail on their executing a personal
bond for a sum of Rs.25,000/- (Rupees Twenty
Five thousand only) each with two local sureties
for a like sum each to the satisfaction of the
learned Judicial Magistrate of First Class,
Nandyal, Kurnool District. However, the
petitioners/A-1 to A-3 shall report before the
concerned Police Station once in a month till
disposal of the appeal and they shall be present
before the Court 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.727 of 2016
Since the booklet is ready, Registry to post
the appeal on 23.8.2021 under the caption "Final
hearing".
___________
CPK, J
___________
BKM, J
Note:-
Furnish C.C. today.
B/O
AMD
