Andhra Pradesh High Court - Amravati
Kaparapu Srinivasa Rao, Guntur ... vs P.P., Hyd on 16 July, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Criminal Appeal No. 528 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
10 16.07.2021 CPK, J & BKM, J
I.A.No. 1 of 2021
Heard learned counsel for the petitioner and
Sri Dushyanth Reddy, learned Additional Public
Prosecutor appearing for the respondent -State.
Learned counsel for the petitioner submits that
this application is filed by the petitioner seeking bail
on the ground that he has completed five years of
imprisonment after the conviction and sentence of
imprisonment for life imposed on 06.04.2016 in SC
No.238 of 2015 on the file of the Court of the
XI Additional District and Sessions Judge, Tenali, for
the offence punishable under Sections 302 and 379
IPC. He submits that after passing of the Judgment on
06.04.2016, the petitioner was remanded to custody
and since then he is in jail. He further submits that
as per the letter dated 01`.07.2021 of the
Superintendent of Jails, Central Prison, SPSR Nellore
District, the conduct of the petitioner in jail is
satisfactory and that in view of the law laid down in
Batchu Rangarao and Ors. Vs.State of A.P.1
petitioner is entitled to be released on bail.
Having regard to the facts and circumstances
of the case and in view of the fact that the petitioner
has completed imprisonment of five years from the
date of his conviction and taking note of the fact that
the conduct of the petitioner in jail is satisfactory, he
shall be released on bail on the same terms as
imposed in Batchu Ranga Rao's Case. This Court in
Batchu Rangarao case held as under:
.MANU/AP/0787/2016
"9. On considering their valuable suggestions
and after a thorough evaluation of the relevant
factors, we are inclined to indicate broad
criteria on which the applications for grant of
bail pending the Criminal Appeals filed against
the conviction for the offences, including the
one under Section -302 IPC, and sentencing of
the appellants to life among other allied
sentences, are to be considered. Accordingly,
we evolve the following criteria:
"(1) A person who is convicted for life and
whose appeal is pending before this Court is
entitled to apply for bail after he has
undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons falling in
(1) Supra shall be subject to his good conduct in
the jail, as reported by the respective Jail
Superintendents;
(3) In the following categories of cases, the
convicts will not be entitled to be released on
bail, despite their satisfying the criteria in (1)
and (2) supra:
The offences relating to rape coupled with
murder of minor children dacoity, murder for
gain, kidnapping for ransom, killing of the
public servants, the offences falling under the
National Security Act and the Offences
pertaining to narcotic drugs.
(4) While granting bail, the two following
conditions apart from usual conditions have to
be imposed, viz., (1) the appellants on bail
must be present before the court at the time of
hearing of the Criminal Appeals; and (2) they
must report in the respective Police Station
once in a month during the bail period."
Since the case of the petitioner is squarely
covered by the decision cited supra(1), the execution
of the sentence passed against the petitioner in SC
No.238 of 2015 on the file of the Court of XI
Additional District and Sessions Judge, Tenali vide
Judgment dated 06.04.2016 is suspended and the
petitioner shall be released on bail on his executing a
self bond for Rs.20,000/- (Rupees twenty thousand
only) with two sureties for the like sum each to the
satisfaction of the learned II Additional Judicial First
Class Magistrate, Tenali. He shall report before the
concerned Police Station once in a month till the
disposal of this appeal. Further, the petitioner shall
be present before this Court at the time of hearing of
the criminal appeal. In the event of he violating the
conditions imposed, the leaned Public Prosecutor
shall file an application for cancellation of bail.
Further, as a measure of precaution, at the time of
release, the petitioner is directed to file an affidavit
before the court below giving an undertaking that he
would comply with the terms and conditions imposed
in this bail application.
Accordingly, the IA is allowed.
___________
CPK, J
___________
BKM, J
Mjl/*
