Andhra Pradesh High Court - Amravati
V.Balaji 3 Ors. vs The State Of A.P., on 6 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SIXTH DAY OF JULY, TWO THOUSAND AND TWENTY ONE ~~
: PRESENT : :
THE HONOURABLE SR} JUSTICE C. PRAVEEN KUMAR
AND co
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
.A.Na. 1 of 2021
IN .
CRIMINAL APPEAL.No.357 of 2016 -~
Between: -
B. Prabhakar, S/o. C. Balaram.
..Petitioner/Accused No. 2
(Appellant in Cri.A.No.357/2016
on the file of the High Court)
AND
The State, by Kuppam Police, of Andhra Pradesh, Rep. by its Public
Prosecutor, High Court of Andhra Pradesh, At Amaravati.
.Respondent/Complainant
(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 pass an order to grant bail by suspension of sentence
against the A-2/appellant and consequently to release the A-2 in the interest of
justice & equity, pending disposal of the above Criminal Appeal No. 357 of 2016
on the file of the High Court as against conviction and sentence awarded in
5.C.No. 323 of 2014 on he file of the VIl/Additional District & Sessions Judge,
Chittoor, Dated 27" day of October, 2015 .
The Petition coming on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and order of High Court dt. 25-04-2016
made in Cri.A.M.P.No. 607 of 2016, order dt.07-03-2018 made in 1.A.No.3 of
2018, order dt. 25-04-2018 made in |.A.No. 4 of 2018, order dt.05-03-2019
made in LA.NMo. 1 of 2019, order dt.29-10-2018 made in LA.No. 8 of 2018,
order dt. 19-07-2019 made in I.A.No.2 of 2019, order dt. 31-10-2019 made in
|.A.No, 3 of 2019 and upon hearing the arguments of Sri K. Neelakanteswara
Rao, Advocate for the Petitioner and of the Public Prosecutor on behalf of
respondent/State, the Court made the following
ORDER :-
"Heard the learned counsel for the petitioner/A-2 and the learned
Public Prosecutor.
The present application is filed by A-2 seeking bail on the ground that
he has completed five years of imprisonment in jail after his conviction by
the learned Sessions Court and that his case squarely falls within the
parameters laid down in Batchu Rangarao & others v. State of A.P. [2016 (3)
ALT (Cri.) 505 (DB) (A,P)].
Though the booklet is ready for hearing of the main appeal, but it is
brought to the notice of this Court that Sri C.Hari Preeth, learned counsel
appearing for A-1 and A-3, is not representing the Court since long time in
spite of the matter being adjourned number of times.
Learned Public Prosecutor, on the earlier occasion, was directed to
inform Sri C.Hari Preeth about the posting of this case.
Contd... 2...
Learned Public Prosecutor, on instructions, submits that the accused
were made aware about the same but till date, no arrangement is made.
Since the case on hand is squarely covered by the judgment of this
Court in Batchu Rangarao's case (cited supra) and as the petitioner/A-2 js in
jail since more than 5 years 8 months with Satisfactory conduct, he shall be
released on bail on his executing a personal bond for a sum of Rs,.20,000/-
(Rupees Twenty Thousand only) with two sureties for a like sum to the
satisfaction of the learned Judicial Magistrate of First class, Kuppam.
Further, the petitioner/A-2 shall appear before the concerned police
Station once in a month i.e., on every first Sunday during the bail period.
Further, at the time of hearing of the appeal, the petitioner/A-2 shall be
present before this Court. In case of any default, the police shall take steps
for cancellation of the bail, Further, the petitioner/A-2, while executing
surety band, shall give an undertaking in the form of an affidavit stating
that he will strictly comply with the terms and conditions of the bail."
:
SD/- U.Spj Devyj a
ASSISTANT REGISTRAR
// TRUE COPY // emeft ee
SECTION OFficy R
To
1. The VilfAdditional District & Sessions Judge, Chittoor.
2. The Judicial Magistrate of First Class, Kuppam, Chittoor District,
3.The Inspector of Police, Kupparn Circle, Chittoor District, -
4. The Superintendent, Central Jail, Kadapa. "
5.Two CCs to Public Prosecutor, High Court of A.P, (OUT)
6.One CC to Sri K. Neelakanteswara Rao, Advacate(OPUC) _
7.TWO spare copies.
TKK
HIGH COURT
CPK.J & BKM.J
DATED: 06-07-2021
BAIL ORDER
LA.No. 1 of 2021
IN
CRL.A.No. 357 of 2016
~ RELEASE THE PETITIONER
ON BAIL.
