Citation : 2021 Latest Caselaw 2657 AP
Judgement Date : 27 July, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.2436 of 2018
PROCEEDING SHEET
Sl.
ORDER
No DATE
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3. 27.7.2021 CPK, J & BKM, J -ed to I/O
folder
before
I.A.No.1 of 2021 correction
AMD
Heard Sri Koka Srinivasa Kumar, learned counsel for the petitioner/appellant, and the learned Additional Public Prosecutor.
The appeal filed by the petitioner/appellant was admitted by a Division Bench of this Court on 4.9.2018, but however, refused to grant bail. Thereafter, the present application is filed seeking bail.
A perusal of the record would disclose that the petitioner/appellant was convicted for the offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for a period of 14 years. Though the imprisonment was for 14 years, the matter was listed before a Division Bench and the same was entertained by admitting it.
Rule 154 of the Criminal Rules of Practice postulates that every appeal from the judgment of a Criminal Court in which sentence of death or imprisonment for life has been passed on the appellant, shall be heard by a Bench of two Judges. Since the sentence awarded is 14 years of imprisonment, which does not amount to imprisonment for life, we feel that the matter has to be heard by a learned Single Judge.
Accordingly, Registry shall take steps for posting the appeal before a learned Single Judge after obtaining necessary orders from my Lord the Hon'ble The Chief Justice.
___________ CPK, J
___________ BKM, J AMD
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