Andhra Pradesh High Court - Amravati
Nelapati Srinivasulu vs The State Of A.P., on 25 February, 2021
Bench: Joymalya Bagchi, A V Sai
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE
: PRESENT :
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE A.V. SESHA SAI
|.A.No. 1 of 2020
IN
CRIMINAL APPEAL.No.862 of 2015
Between:-
Nelapati Srinivasulu, $/o. Thurupali. y at
_.Petitioner/Accused
(Appellant in Crl.A.No.862/2015
on the file of the High Court)
AND
The State of Andhra Pradesh, (Vidavlur Police Station, Nellore District),
Rep. by Public Prosecutor, High Court of A.P.
..Respondent
(Respondent in-do-)
Petition under Section 389(1) of Cr.P.C., praying that in the
circumstances stated in the grounds filed in the Criminal Appeal, the High
Court may be pleased to enlarge the Petitioner/Accused on bail after
suspending the sentence of imprisonment imposed in judgment dated
22.07.2015 passed in S.C.No. 139/2013 by the i] Additional District & Sessions
Judge Nellore, pending disposal of the above Criminal Appeal No. 862 of 2015
on the file of the High Court.
The Petition coming on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and upon hearing the arguments of
Sri V.V. Lakshmi Narayana, Advocate for the Petitioner and of the Addl. Public
Prosecutor on behalf of respondent/State, the Court made the following
ORDER:-
(PROCEEDINGS TAKEN UP THROUGH VIDEO CONFERENCING)
"The petitioner/appellant has suffered incarceration for more than
five (5) years. He prays for bail in view of the law laid down by the
Composite High Court at Hyderabad in Batchu Rangarao and others v. State
of A.P. {2016 (3) ALT (Criminal) 505 (AP)}
It is submitted that there is little possibility of the Appeal being heard
out in the near future.
Learned Additional Public Prosecutor submits report wherefrom it
appears the conduct of the petitioner in jail was satisfactory.
We have considered the submissions of both the counsel as well as
the materials on record.
The petitioner has suffered in jail for more than five (5) years and no
exceptional incriminating circumstances showing the case of the petitioners
falls in the exceptions laid down in Batchu Rangarao (supra) have been
placed on record. .
Contd..3....
Under such circumstances, we are inclined to suspend the sentence
imposed on the petitioner/appellant in view of the law declared in Batchu
Rangarao (supra) and he shall be enlarged on bail on his executing a
personal bond for Rs.50,000/- (Rupees fifty thousand only) with two
sureties of the like amount to the satisfaction of the Ill Additional District
and Sessions Judge, Nellore. On such release, he shall appear before the
said court once in a month till disposal of the Appeal, failing which the
learned Sessions Judge shall submit a report to this Court, whereupon the
bail so granted to the petitioner stands cancelled in accordance with law."
Sd/-E.Kameswara a0
ASSISTANT REGISTRAR
// TRUE COPY //
SECTI 'ICER
To
1.The Ill Additional District and Sessions Judge, Nellore.
2.The Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District.
3.The Station House Officer, Vidavalur Police Station, SPSR Nellore District.
3.The Superintendent, Central Prison, Nellore, SPSR Nellore District.
4.Two CCs to Public Prosecutor, High Court of A.P.,(OUT)
3.One CC to Sri V.V. Lakshmi Narayana, Advocate(OPUC)
6.Two spare copies.
TKK
HIGH COURT
"UB. AVSS.J
tobe
on «
DATED: 25-02-2021
BAIL ORDER
1.A.No. 1 of 2020
IN
CRL.A.No. 862 of 2015
RELEASE THE PETITONER
ON BAIL.
™
6 german :
o
ee
wo
ee
