Citation : 2021 Latest Caselaw 2497 AP
Judgement Date : 20 July, 2021
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTIETH DAY OF JULY, TWO THOUSAND AND TWENTY ONE : PRESENT : THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI |.A.No. 1 of 2021 IN CRIMINAL APPEAL.No.235 of 2017 a Between: - Meeniga Brahmanaidu, S/o, Balaiah. . Petitioner / Appell (Appellant in Crl.A.No.235/2017 on the file of the High Court) AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. ... Respondent
(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 suspend the execution of the sentence by the judgment Dated 21", August, 2015 passed in Sessions Case No. 88 of 2014 on the file of Special Judge for Trial of Protection of Children from Sexual Offences Act Cases-cum-| Additional Sessions Judge, Prakasam District, Ongole and release the petitioner on bail, pending disposal of the above Criminal Appeal No. 235 of 2017 on the file of the High Court.
The Petition coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal and order of High Court dt. 08-12-2017 made in Crl.A.M.P.No.493 of 2017 and upon hearing the arguments of Sri G. Vijaya Saradhi, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :-
"Learned counsel for the petitioner submits that the petitioner was convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and the Court below has imposed ten (10) years period of simple imprisonment and also a fine of Rs. 100/-, in default to suffer simple imprisonment for one month. -
It is submitted that from 01-08-2015, the petitioner has been languishing in jail. So far, he has undergone about six years of imprisonment. Hence his case may be considered.
Taking into consideration the fact that the petitioner has already undergone six years of sentence, this Court deems it appropriate to suspend his sentence.
If the petitioner indulges in any other crime pending appeal, the prosecution is at liberty to move appropriate application for cancellation of bail."
Sd/- T. MADHAVI, ASSISTANT REGISTRAR
/{ TRUE COPY // Ay SECTION OFFICER
Contd..2...
ant
To
1.The Special Judge for Trial of Protection of Children from Sexual Offences
Act Cases-cum-| Additional Sessions Judge, Prakasam District, Ongole, A.P.
_3.The Inspector of Police, Kanigiri Circle, Prakasam District.
3.The Superintendent, Central Prison, Nellore, SPSR Nellore District.
4.Two CCs to Public Prosecutor, High Court of A.P.,(QUT)
5.One CC to Sri G. Vijaya Saradhi, Advocate(OPUC)
6.One spare copy.
TKK
Lge
HIGH COURT
LK.J
DATED: 20-07-2021
BAIL ORDER
LA.No. 1 of 2021 IN CRL.A.No. 235 of 2017
RELEASE THE PETITONER ON BAIL.
. 8.
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