Chintapalli Adeswarara Adi, ... vs The State Of Ap., Rep Pp.,
2021 Latest Caselaw 2563 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No. Crl.A.No.339 of 2016

                                   PROCEEDING SHEET

Sl. DATE                                              ORDER                        OFFICE
No.                                                                                 NOTE
                                                                                  l
3         23.07.2021

CPK, J & BKM, J

I.A.No.1 of 2021 The petitioner, who is an Accused, filed the present application under Section 389(1) Cr.P.C., seeking bail, pending disposal of the Criminal Appeal.

Heard Sri T. Nagarjuna Reddy, learned counsel for the petitioner and also the learned Additional Public Prosecutor.

A perusal of the record would show that the petitioner/Accused was convicted for the offence under Section 302 IPC and sentenced to suffer imprisonment for LIFE. The judgment in S.C.No.64 of 2015 on the file of I Additional Sessions Judge, Rajahmundry came to be pronounced on 17.03.2016 and since then the petitioner is said to be in jail.

The only ground on which the present application seeking bail came to be filed is that, the petitioner has completed 05 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P.1, he would be entitled for bail.

The fact that the petitioner herein has completed 05 years of actual sentence after his conviction is not in dispute. The

2016 (3) ALT (Crl.) 505 (DB) (A.P).

Division Bench of this court in Batchu Rangarao & others supra, held as under:

"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 Stations once in a month during the bail period.

This broad criteria cannot be understood as invariable principles and the Bench hearing the bail applications may exercise its discretion either for granting or rejecting the bail based on the facts of each case. Needless to observe that grant of bail based on these principles shall, however, be subject to the provisions of Section-389 of the Code of Criminal Procedure.

In view of the judgment of the Division Bench in Batchu Rangarao's case (stated supra), and as the case of the petitioner does not fall within any of the exceptions laid down in the said judgment, having regard to the fact that the conduct of the petitioner in jail is satisfactory, he shall be released on bail on the same terms and conditions as in Batchu Rangarao's case.

Accordingly, the Interlocutory Application is allowed and the petitioner/Accused 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 each for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District. However, the petitioner/Accused shall report before the concerned Police Station, once in a month till disposal of the appeal and he shall be present before the Court at the time of hearing of this appeal.

_______ CPK, J

_______ BKM, J Gvl