Sk. Masthan, Another, vs The State Of Ap Rep By Its Pp Hyd.,
2021 Latest Caselaw 5339 AP

HIGH COURT OF ANDHRA PRADESH MAIN CASE: Crl.R.C.No.583 of 2008

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE

17. 17.12.2021 RNT,J

Vide order, dated 19.11.2021, this court revoked the order of suspension of sentence of imprisonment imposed on the petitioners, and directed the V Additional Junior Civil Judge, Guntur to issue bailable warrants against the petitioners.

As per the Report, dated 14.12.2021, of the V Additional Junior Civil Judge, Guntur, the bailable warrant issued against the petitioners on 04.12.2021 could not be executed, as the concerned Constable-5083 of Arundelpet P.S. who went to execute the warrants reported that he enquired about the petitioners but their whereabouts could not be known.

The docket proceeding sheet, dated 14.12.2001, of the V Additional Junior Civil Judge, Guntur, states that ".....Hence, no purpose would be survived if the case is kept pending for execution of bailable warrant........."

Before the appellate court below, the appellants therein-the petitioners herein, were also absent though non-bailable warrants were issued. The petitioners filed revision challenging the appellate court's judgment, in which sentence of imprisonment was initially suspended, but later on was revoked. Prima facie, it appears that the convicts-petitioners are avoiding the process of the court. All the necessary and legally permissible measures require to be taken to

SL. DATE ORDER OFFICE NO. NOTE ensure their presence before the court, as no one can be permitted to misuse the liberty of bail granted to him.

The V Additional Junior Civil Judge, Guntur, is directed to proceed, as per law, for execution of the bailable warrants, by proceeding against the sureties, and taking recourse to the proceedings under sections 82/83 Cr.P.C or/and such other measures. The court below is also granted liberty to issue non-bailable warrants against the petitioners.

List after Pongal Vacation, 2022 i.e.on 24.01.2022.

By the next date, the learned court below has to submit its report with respect to the above.

Let this order be communicated to the V Additional Junior Civil Judge Magistrate, Guntur forthwith.

Let this order be also communicated to the Superintendent of Police, District Guntur, who shall also submit his report to this court by the next date as to the efforts made by the concerned for execution of warrants.

_________ RNT, J Dsr