Shaik Ameer Ahamad Ameer Basha ... vs The State Of A.P.,
2021 Latest Caselaw 2870 AP

                        HIGH COURT OF ANDHRA PRADESH
                        MAIN CASE NO.: Crl.A.2677 of 2018
                                 PROCEEDING SHEET

Sl.No.     Date                              ORDER                                OFFICE
                                                                                   NOTE

  1.     04.08.2021   LK,J
                                        I.A.No.1 of 2021

                             This petition is filed seeking suspension of
                      sentence imposed by judgment dated 04.10.2018
                      passed in S.C.No.50 of 2017 by the learned Special
                      Judge constituted under Protection of Children
                      from   Sexual    Offences   Act    -cum-I    Additional
                      Sessions   Judge,    Guntur     and   to   enlarge    the
                      petitioner on bail, pending disposal of the criminal
                      appeal.

                             Heard Sri Phani Teja Cheruvu, learned
                      counsel for the petitioner and learned Assistant
                      Public Prosecutor for the respondent-state.

Learned counsel for the petitioner submits that the petitioner/accused was sentenced to undergo rigorous imprisonment for a period of seven years each, for the offences under Section 376(1) and 306 of IPC and to pay a fine of Rs.2,000/- for each offence (total Rs.4,000/-) and in default to undergo simple imprisonment for a period of three months for each offence and both the sentences to run concurrently.

Learned counsel for the petitioner submits that the petitioner has completed more than half of the sentence and since the appeal is of the year, 2018 there is every likelihood of occurrence of delay in hearing the appeal in the usual course.

Learned counsel further submits that the petitioner's father is bed ridden due to brain paralysis and as the petitioner is the only son his presence is required. Hence, the petitioner's case may be considered for grant of bail.

Learned Assistant Public Prosecutor submits that the offences are under POCSO Act and hence, the petitioner is not entitled for bail.

Taking into consideration the fact that the petitioner/accused had completed more than half of the sentence as well as the health condition of the father of the petitioner, the sentence of imprisonment imposed against the petitioner/ accused in the judgment, dated 04.10.2018 passed in S.C.No.50 of 2017 by the learned Special judge constituted under Protection of Children from Sexual Offences Act -cum-I Additional Sessions Judge, Guntur, alone is suspended pending the criminal appeal. The petitioner/accused shall be enlarged on bail on execution of self bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a likesum each to the satisfaction of learned Special Judge constituted under Protection of Children from Sezual Offences Act - cum-I Additional Sessions Judge, Guntur.

_______ LK, J ikn