Potluri Rambabu, vs The State Inspector Of Police,
2021 Latest Caselaw 2871 AP

                        HIGH COURT OF ANDHRA PRADESH
                         MAIN CASE NO.: Crl.A.254 of 2021
                                PROCEEDING SHEET

Sl.No.     Date                             ORDER                            OFFICE
                                                                              NOTE

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

                             This interlocutory application is filed to
                      condone the delay of 257 days in filing the appeal
                      against the judgment dated 02.05.2019 passed in
                      S.C.No.104 of 2018 by the learned V Additional
                      District and Sessions Judge, -cum-Special Judge
                      for Trial of Offences against Women, Guntur.
                             Learned Assistant Public Prosecutor takes
                      notice on behalf of the respondent-state and

reports no counter.

Heard.

Learned counsel for the petitioner submits that the petitioner has been languishing in jail since May, 2019 and his wife couldn't engage an Adovcate for preferring the appeal due to her innocence and lack of knowledge in criminal procedure. He submits that the petitioner's wife was under the impression that appeal her friend's husband has preferred appeal but later she came to know about non-filing of the appeal and immediately she approached the present counsel. He submits that in the said process delay of 257 days occurred.

For the reasons stated this petition is allowed and the delay stands condoned.

_______ LK, J

Crl.A.No.188 of 2021 Admit.

Call for lower Court record.

_______ LK, J I.A.No.2 of 2021

This petition is filed seeking suspension of sentence imposed in judgment dated 02.05.2019 passed in S.C.No.104 of 2018 by the learned V Additional District and Sessions Judge, -cum- Special Judge for Trial of Offences against Women, Guntur and to enlarge the petitioner on bail, pending disposal of the criminal appeal.

Heard Sri Venkata Durga Rao Anantha, 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 for the offence punishable under Section 376 I.P.C. and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of two months.

Learned counsel for the petitioner submits that the prosecution failed to produce any evidence to show that the motorcycle belongs to the petitioner and it was not seized from the possession of the petitioner. He submits that the petitioner is falsely implicated in the crime due to political rivalry and the prosecution failed to prove the guilty of the petitioner beyond all reaonsable doubt but the Court below without appreciating all these factors has convicted the petitioner basing on the evidence adduced by PWs 1 to 3 who are interested witnesses. He submits that the petitioner has been languishing in jail since two and half years, hence his case may be considered for grant of bail.

Learned Assistant Public Prosecutor submits that the prosecution was able to prove the guilt of the petitioner and was rightly convicted by the Court below. He submits that the petitioner is not entitled for bail.

Taking into consideration the fact that the petitioner/accused has been languishing in jail since two and half years, the sentence of imprisonment imposed against the petitioner/ accused by judgment, dated 02.05.2019 passed in S.C.No.104 of 2018 by the learned V Additional District and Sessions Judge, -cum-Special Judge for Trial of Offences against Women, 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 V Additional District and Sessions Judge, -cum-Special Judge for Trial of Offences against Women, Guntur.

_______ LK, J ikn