Andhra Pradesh High Court - Amravati
Mangala Ravi, Spsr Nellore Dist. vs P.P., Hyd on 16 July, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Criminal Appeal No.110 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
04 16.07.2021 CPK, J & BKM, J
I.A.No. 1 of 2021
Heard Sri M.Ravindra, 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
life imprisonment imposed on 13.01.2016 in SC No.94
of 2012 on the file of the Court of Principal Sessions
Judge, Nellore, for the offence punishable under
Section 302 IPC. He submits that after passing of the
Judgment on 13.01.2016, the petitioner was
remanded to custody and since then he is in jail. He
further submits 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:
"9. On considering their valuable suggestions
and after a thorough evaluation of the relevant
factors, we are inclined to indicate broad
.MANU/AP/0787/2016
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 sentence passed against the petitioner in SC No.94
of 2012 on the file of the Court of Principal District
and Sessions Judge, Nellore vide Judgment
dated 13.01.2016 is suspended and he 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 Principal District and Sessions Judge,
Nellore. 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/*
