Citation : 2021 Latest Caselaw 2277 AP
Judgement Date : 6 July, 2021
se
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SIXTH DAY OF JULY, TWO THOUSAND AND TWENTY ONE <=
> PRESENT :
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI ~
AND a
THE HONOURABLE SRI JUSTICE K. SURESH REDDY
1.A.No. 1 of 2021
IN
CRIMINAL APPEAL.No.1417 of 2014
Between:-
Varma Padmakka, D/o. Late Krishnappa.
~ ..Petitioner/Accused No. 2
{Appellant in Crl.A.No.1417/2014
on the file of the High Court)
AND
The State of Andhra Pradesh, Rep. by-its Public Prosecutor,
High Court of Andhra Pradesh, At Amaravati.
-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 No.2 on bail by suspending the sentence imposed in the Judgment dated 10-12-2014 in S.C.No. 63 of 2009 on the file of the court of the Il Additional District and Sessions Judge, Kurool at Adoni, pending disposal of the above Criminal Appeal No. 1417 of 2014 on the file of the High Court.
a"
The Petition coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal and order of High Court dt. 19-11-2015 made in CriA.M.P.No. 1535 of 2015 and order dt. 19-09-2017 made in Crl.A.M.P.No. 1997 of 2017 and order dt. 05-12-2018 made in |.A.No. 1 of 2018 and upon hearing the arguments of Sri D. Kodanda Rami Reddy, Advocate for the Petitioner and of the Asst. Public Prosecutor on behalf of respondent/State, the Court made the following . ORDER :-
(Proceedings taken up through video conferencing)
"The petitioner/appellant is in jail for more than six (6) years since her conviction and she prays for bail on parity as well as 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)}
Learned Assistant Public Prosecutor submits that the conduct of the petitioners in jail is satisfactory.
We have considered the materials on record.
We have considered the period of detention undergone by the petitioner in custody. There is a little possibility of appeal being disposed of in the near future. Her conduct in jail is satisfactory and the case does not fall within the exceptions of the law laid down in Batchu Rangarao's case supra. Hence, we are inclined to suspend her sentence.
Contd..2...
In view of the aforesaid facts, the sentence imposed on the petitioner is suspended and she shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties of the like sum each to the satisfaction of the Judicial Magistrate of First Class, Pattikonda, Kurnool District, and she shall appear before the trial Court once in a month till disposal of the Appeal, failing which the trial court shall submit a report to this Court, whereupon the bail so granted to the petitioner shall stand cancelled in accordance with law."
Sd/-G.HELA NAIDU.
ASSISATNT REGISTRAR
/1 TRUE COPY // SECTION OFFICER
To
4.The tl Additional District and Sessions Judge, Kuroal at Adoni.
2. The Judicial Magistrate of First Class, Pattikonda, Kurnool District."
3. The Station House Officer, Devanakonda Police Station, Kurnool District, a
4.The Superintendent, Central Jail, Kadapa. --
5. Two CCs to Public Prosecutor, High Court of A.P.,(QUT)---~
6.One CC to Sri D. Kodanda Rami Reddy, Advocate(OQPUC) --~
7.Two spare copies.
TKK
HIGH COURT
JB.J & KSR.J
DATED: 06-07-2021
BAIL ORDER
1.A.No. 1 of 2021 IN CRL.A.No. 1417 of 2014
RELEASE THE PETITIONER ON BAIL.
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