Andhra Pradesh High Court - Amravati
Gajjala Chandra Sekhar Gupta, vs State Of Andhra Pradesh on 5 July, 2021
[ 3240 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MONDAY, THE FIFTH DAY OF JULY --~
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA.Nos.1 AND 2 OF 2021
IN
CRLA.191 OF 20210
Between:
Gajjala Chandra Sekhar Gupta, S/o Yadagiri, aged 42 years, Occ MD., Raaga Avenue
Ventures Pvt, Ltd., Srikakulam Branch, R/o D.no.19-24-29/5, Flat no.5, Krishna
Residency, Ramakrishna Nagar, Sankara Matam road, Visakhapatnam. -
. .Accused/Appellant
(Petitioner in CRLA 191 OF 2021
on the file of High Court)
. AND
State of Andhra Pradesh, rep by its PP, High Court of Andhra Pradesh, Nelapadu,
Amaravathi, Guntur District.
..Complainant/Respondent
(Respondents in-do-)
IA No. 1 OF 2021 room
Petition under Section 389 (1) of Cr.P.C praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to enlarge
the petitioner on bail in C.C.No.1 of 2016, dated 29-06-2021, of Hon'ble Principal District
& Sessions Judge, Srikakulam, pending disposal of CRLA No.191 of 2021, on the file of
the High Court.
lA.No.2 of 2021 a"
Petition under Section 482 of Cr.P.C praying that in the circumstances. stated in
the affidavit filed in support of the petition, the High Court may be pleased to suspend
the sentence in Calender Judgment dated 29-06-2021 in C.C.No.1 of 2016 on the file of
the Hon'ble Principal District & Sessions Judge, Srikakulam, imposed under section 420
IPC, pending disposal of CRLA No.191-of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
- filed in support thereof and upon hearing. the arguments of SRI PALLA BALU ANIL
KUMAR Advocate for the Appellant and of PUBLIC PROSECUTOR for the Respondent,
the Court made the following
ORDER:
"These petitions are filed with a prayer to enlarge the petitioner on bail and
for suspension of sentence imposed in judgment dated 29.06.2021 passed. in
C.C.No.1 of 2016 by the learned Principal District and Sessions Judge,
Srikakulam respectively, pending disposal of the criminal appeal.
Heard Sri Balu Anil Kumar Palla, 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 five years for the offence
punishable under Section 420 LP.C. and to pay fine of Rs.3,000/- and in default of
payment of fine, to suffer simple imprisonment for six months.
Learned counsel for the petitioner submits that the Court below has no
jurisdiction to try the case as the offence levelled against the petitioner is triable
by Magistrate Courts. He submits that there is no evidence to prove that the
petitioner perpetrated the offence and the prosecution failed to bring home the
guilt of the petitioner. Learned counsel further submits that Court having come to
the conclusion that either PW30 or PW32 is not specifically authorized to proceed
and not competent to investigate has erred in convicting the petitioner. He
submits that the complaint is not maintainable without adding the company and
concerned directors as accused. He submits that the petitioner has been
languishing in Srikakulam District Jail and subsequently he was shifted to
Visakhapatnam Central Jail. As the petitioner is languishing in jail and he has
good grounds to succeed in the appeal, his case may be considered for grant of
bail.
Learned Assistant Public Prosecutor opposed the petition.
Taking into consideration the facts and circumstances of the case, the
sentence of imprisonment imposed against the petitioner in the judgment, dated
29.06.2021 passed in C.C.No.1 of 2016 on the file of Principal District and
Sessions Judge, Srikakulam, alone is suspended pending the criminal appeal.
The petitioner 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 Principal District and Sessions Judge, Srikakulam".
Sdi/-G.HELA NAIDU.
ASSISATNT REGISTRAR
TRUE COPY! .
a
a
'
For bh
To, SECTION OFFICER
_
«4. The Principal District & Sessions Judge, Srikakulam
2: One CC to SRI PALLA BALU ANIL KUMAR Advocate [OPUC]
. Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]
4. One spare copy
HIGH COURT
LKJ
:05/07/2021
DATED
'ORDER
GRLA.No.191 of 2021
IN
SUSPENDED
