Kengam Ganesh vs The State Of Ap
2021 Latest Caselaw 2437 AP

HIGH COURT OF ANDHRA PRADESH

CRIMINAL APPEAL No.979 OF 2018

PROCEEDING SHEET

SL. OFFICE DATE ORDER No. NOTE

11. 16.07.2021 JB, J & KSR, J:

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I.A. No.1 OF 2021

Learned counsel for the petitioner/appellant (A-7) prays for suspension of the sentence. He submits that apart from the extra judicial confession before VROs i.e., PWs.10 and 11, there is nothing to connect him with the alleged murder. He further submits that the petitioner was on bail during trial.

Learned Assistant Public Prosecutor submits that the substantial evidence points to the guilt of the petitioner and it is settled law, in view of the catena decisions of the Apex Court, that extra judicial confession is sufficient to convict the accused.

We have considered the materials on record.

It is true that in appropriate cases where extra judicial confession appears to be true, free from any coercion, and voluntary in nature, the same can be the basis for conviction. However, in the present case, we note that the trial Judge in Paragraph No.37 of the impugned judgment observed that there may be truth in the submission that it is highly unlikely the petitioner/appellant will make an extra judicial confession before PWs.10 and 11 as they were unacquainted with them.

                                                                     JB,J & KSR,J
                                                               Crl.A.No.979/2018



SL.                                                                 OFFICE
      DATE                         ORDER
No.                                                                  NOTE

In view of the aforesaid observation, we are of the opinion that a strong arguable case with regard to voluntariness and truthfulness of the extra judicial confession which is the sole foundation to guilt of the petitioner/appellant (A-7) is made out. More so, the petitioner/appellant was on bail during trial and did not misuse his liberty granted in any manner whatsoever.

Hence, we are inclined to suspend the sentence of the petitioner/appellant and enlarge him on bail on his 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 II Additional Judicial First Class Magistrate, Eluru, West Godavari District, and he 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..

Crl.A. No.979 OF 2018

List the Appeal in usual course.

______________________ JOYMALYA BAGCHI, J

______________________ K.SURESH REDDY, J Dsh