Citation : 2021 Latest Caselaw 768 AP
Judgement Date : 11 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE "~ :PRESENT: THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI ~° IA No. 1 OF 2021 IN CRLA NO: 36 OF 2021 Between: 1. Thirumala Konda Venkata Ramana, S/o. T.Subbaiah, Aged about 66 Years, Occ: Agriculturist, R/o. Malapalli Colony, N.P Kunta Mandal, Anantapur District. 2. Thirumala Konda Viswanath, S/o. T. Venkata ramana, Aged about 66 Years, Occ: Agriculturist, R/o. Malapalli Colony, N.P Kunta Mandal, Anantapur District. ...Petitioner/Accused No.1 & 2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi For the State of Andhra Pradesh. ..Respondent/Complainant Counsel for the Petitioners : SR! D KODANDARAMI REDDY Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Section 389(1) of Cr.PC praying that in the circumstances stated in the memorandum of grounds filed in Criminal Appeal, the High Court may be pleased to suspend the sentence passed in the Judgment dated 12-01-2021 in session case No. 91 of 2017 on the file of Special sessions Judge for trail of SCs and STs Cases - Cum - Vill Additional session Judge, Anantapuramu, by, enlarging the petitioners/accused No.1 and 2 on bail in the interest of Justice, pending disposal of CRLA No.36 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:
"It is submitted on behalf of the petitioners/appellants that they have been
falsely implicated in the instant case; they were on bail during trial and did not
misuse the liberty. They have also deposited the fine amount. Learned Additional Public Prosecutor appears on behalf of the State.
This Court has considered the evidence on record. Appellants have made out an arguable case on their behalf. In addition thereto, they were on bail during trial and did not misuse liberty in any manner. Sentence is one of term of imprisonment. Under such circumstances, this Court is inclined to suspend the
sentence and release the petitioners/appellants on bail.
Accordingly, petitioners/appellants shall be released on bail on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Sessions Judge for trial of SCs & STs cases-cum-Vlll Additional Sessions Judge, Ananthapuramu, on condition that they shall appear before the learned Special Sessions Judge once in a
month till disposal of the Appeal. In the event they fail to do so, the learned
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Special Sessions Judge, shall submit a report before this Court, whereupon the bails so granted to them may be cancelled, in accordance with law."
$d/-V.Diwakar ASSISTANT REGISTRAR
IITRUE COPY// SECTION MAFICER To,
1. The Special sessions Judge for trail of SCs and STs Cases - Cum - VIII Additional session Judge, Anantapuramu. One CC to Sri. D Kodandarami Reddy, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
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HIGH COURT
JB,J
DATED:11/02/2021
ORDER
IA No. 1 OF 2021
IN CRLA.No.36 of 2021
INTERIM DIRECTION
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