Andhra Pradesh High Court - Amravati
Gokathoti Venkateswarlu vs State Rep on 24 August, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO.: Crl.A.263 of 2021
PROCEEDING SHEET
Sl.No. Date ORDER OFFICE
NOTE
1. 24.08.2021 LK,J
I.A.No.1 of 2021
This interlocutory application is filed to
condone the delay of 477 days in filing the appeal
against the judgment dated 25.09.2018 passed in
S.C.No.79 of 2017 on the file of learned Special
Judge constituted under Protection of Children
from Sexual Offences Act - cum-I Additional
Sessions Judge, 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 in jail since
25.09.2018 and since he has no means to engage
counsel to prefer the appeal, the matter was
referred to Legal Aid. In the said process delay of
477 days occurred.
For the reasons stated this petition is
allowed and the delay stands condoned.
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LK, J
I.A.No.2 of 2021
This interlocutory application is filed to
dispense with filing of the certified copy of the
calendar and judgment dated 25.09.2018 passed
in S.C.No.79 of 2017 on the file of learned Special
Judge constituted under Protection of Children
from Sexual Offences Act - cum-I Additional
Sessions Judge, Guntur.
Heard.
For the reasons stated this petition is
ordered for the present.
_______
LK, J
Crl.A.No.263 of 2021
Admit.
Call for lower Court record.
_______
LK, J
I.A.No.3 of 2021
This petition is filed seeking suspension of
sentence imposed in judgment dated 25.09.2018
passed in S.C.No.79 of 2017 on the file of 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 Y.V.Chalapathi Rao, 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 five
years and to pay a fine of Rs.2,000/- and in default
of payment to undergo simple imprisonment for
three months for the offence committed under
Section 10 of POCSO Act.
Learned counsel for the petitioner submits
that the petitioner has been languishing in jail
since 25.09.2018 and has completed three years of
imprisonment as such his case my be considered
for grant of bail.
Learned Assistant Public Prosecutor
opposed the petition.
Taking into consideration the fact that the
petitioner/accused has been languishing in jail
since 25.09.2018, the sentence of imprisonment
imposed against the petitioner/accused in
judgment, dated 25.09.2018 passed in S.C.No.79
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 I
Additional Munisif Magistrate Court, Narasaraopet.
_______
LK, J
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