Andhra Pradesh High Court - Amravati
Doddavaram Subrahmanyam, vs The State Of Andhra Pradesh on 6 July, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE SIXTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
iA No. 1 OF 2021
IN
CRLA NO: 196 OF 2021
Between:
Doddavaram Subrahmanyam, S/o. Veera Ragavaiah Age 22 years, R/o. Allampadu
Village Kota Mandal, SPSR Nellore District
..Petitioner/Appellant
(Petitioner in CRLA 196 OF 2021
on the file of High Court)
AND
The State of Andhra Pradesh; Rep by its Public Prosecutor High Court of Andhra
Pradesh at Amaravaii Through the Kota Police Station SPSR Nellore District
. Respondent/Complainant
(Respondents in-do-)
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 suspend
Conviction and Sentence order dt. 12.03.2020 passed in Sessions Case No. 104. of
2018 on the file of the Vill Additional District & Sessions Judge-Cum-Special Judge for
the Trail of Offences Against Women, Nellore and enlarge the petitioner/appellant on
bail, pending disposal of CRLA No.196 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 KAMBHAMPATI
RAMESH BABU Advocate for the Petitioner/Appellant and of PUBLIC PROSECUTOR
for the Respondent, the Court made the following
ORDER:
"This petition is filed seeking suspension of sentence imposed in judgment
dated 12.03.2020 passed in S.C.No.104 of 2018 by the learned VIH Additional
District and Sessions Judge -cum- Special Judge for the Trial of Offences
Against Women, Nellore and to enlarge the petitioner on bail, pending disposal of
' the criminal appeal. .
Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner
and learned Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioner submits that the petitioner/jaccused was
sentenced to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment
for one month for the offence punishable under Section 448 of |.P.C. and he was
further sentenced to undergo rigorous imprisonment for seven years and to pay a
fine of Rs.1,000/-, in default to suffer simple imprisonment for one month, for the
offence punishable under Section 376 read with 511 1.P.C.
Learned counsel for the petitioner submits that ail the allegations levelled
against the petitioner were concocted for the purpose of foisting false case
against him and the Court below has recorded the findings only on assumptions
and presumptions though the prosecution has failed to establish the guilt of the
accused beyond the reasonable doubt. He further submits that as the petitioner is
languishing in jail since 12.03.2020 i.e. for more than one year, 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 and the
fact that the petitioner is languishing in jail since 12.03.2020, the sentence of
imprisonment imposed against the petitioner in the judgment, dated 12.03.2020
passed in S.C.No.104 of 2018 on the file of Vill Additional District and Sessions
Judge ~cum- Special Judge for the Trial of Offences Against Women, Nellore,
alone is suspended pending the criminal appeal. The petitioner shall be enlarged
en Meee wos en cs vaya nesueQie cde age cenenseeaganegreroecserstesee snes cakes cree note
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 Judicial
Magistrate of First Class, Kota, $.P.S.R.Nellore District."
d/-M.Suryanadha Reddy
---- A
§
ASSISTANT REGISTRAR
HTRUE COPY// &
i SECTION @EKICER
To, eee
The Judicial Magistrate of First Class, Kota, S.P.S.R. Nellore District
The Vif Additional District & Sessions Judge-Cum-Special Judge for the Trail of
Offences against Women, Nellore
The Superintendent, Central Prison, S.P.S.R. Nellore
One CC to SRI KAMBHAMPATI RAMESH BABU Advocate [OPUC]
Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]
One spare copy
hoo
or B®
HIGH COURT
LK
DATED:06/07/2021
ORDER
' JA.NO.1 OF 2021
IN |
CRLA.No.196 of 2021
BAIL
