Andhra Pradesh High Court - Amravati
Chappidi Srinivasa Reddy, Kadapa ... vs The State Of Ap., Rep Pp., on 11 August, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.473 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
48. 11.8.2021 CPK, J & BKM, J
I.A.No.1 of 2021
The petitioner, who is A.4, filed the present
application under Section 389(1) Cr.P.C., seeking
bail, pending disposal of the Criminal Appeal.
The petitioner/A.4 was tried in Sessions Case
No.151 of 2014 on the file of the learned VI
Additional District and Sessions Judge,
Anantapuramu at Gooty for the offence punishable
under Section 302 I.P.C.
The learned Sessions Judge convicted the
petitioner/A.4 for the offence punishable under
Section 302 I.P.C. and accordingly, sentenced him to
undergo imprisonment for life and also to pay a fine
of Rs.5,000/-, in default, to undergo simple
imprisonment for a period of three months.
The only ground on which the present
application seeking bail came to be filed is that the
petitioner has 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, he would be entitled for bail.
The fact that the petitioner has completed 5
years of actual sentence after his conviction is not in
2016 (3) ALT (Crl.) 505 (DB) (A.P).
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 petitioner does not fall within any of the
exceptions laid down in the said judgment and that
the conduct of the petitioner in the jail is
satisfactory.
It is not a case where the petitioner is 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 petitioner falls within the
parameters laid down in Batchu Rangarao &
others case and as the judgment of the Division
Bench attained finality, the petitioner shall be
released on bail on certain terms and conditions.
Accordingly, the Interlocutory Application is
allowed and the petitioner/A.4 shall be enlarged on
bail on his executing a personal bond for a sum of
Rs.25,000/- (Rupees Twenty Five thousand only)
with two local sureties for a like sum each to the
satisfaction of the learned Judicial First Class
Magistrate, Tadipatri. However, the petitioner/A.4
shall report before the concerned Police Station once
in a month till disposal of the appeal and he shall be
present before the Court at the time of hearing of
this appeal.
It is needless to mention that if the petitioner
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.
___________
CPK, J
___________
BKM, J
Ivd
