Andhra Pradesh High Court - Amravati
Shaik Rafi vs The State Of A.P on 3 June, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI~
THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND AND TWENTY ONE-~
: PRESENT : _
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI. 4
AND es
THE HONOURABLE SRI JUSTICE D. RAMESH
|.A.No. 1 of 2021
IN a
CRIMINAL APPEAL.No.147 of 2021
Between:-
Shaik Rafi, S/o. Jilani, Aged 20 years, R/o. 1* lane, Islampeta, Ongole Toy
New Colur Stickers Shop, Ongole.
..Petitioner/Accused No.17
(Appeltant in Crl.A.No.147/2021
on the file of the High Court)
AND . ~
The State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Velagapudi, Amaravathi,
Guntur District. ,
.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 sentence and enlarge the petitioner on
bail in S.C.No. 73 of 2010 on the file of Court of the VIII Additional District &
Sessions Judge, Ongole, dt. 18.05.2021, pending disposal of the above Criminal
Appeal No. 147 of 2021 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 upon hearing the arguments of
Sri Jada Sravan Kumar, Advocate for the Petitioner and of the Public
Prosecutor on behalf of respondent/State, the Court made the following _
ORDER :-
"The petitioner, who is appellant/accused No.17 in Sessions Case
No.73 of 2010 on the file of the learned VIII Additional District and Sessions
Judge, Ongole, filed the present petition to suspend the sentence of
imprisonment pending disposal of Criminal Appeal No.147 of 2021.
Learned counsel for the petitioner submits that the Court below
recorded conviction against all the accused and awarded sentence of seven
years rigorous imprisonment and to pay fine of Rs.5,000/-, in default, to
suffer simple imprisonment for three months to the petitioner herein for
the offence punishable under Section 201 1.P.C.; that the judgment of the
Court below is illegal, improper and incorrect; that the entire case of the
prosecution is based on circumstantial evidence since no direct witnesses
are available; that there are no independent witnesses at the scene of
offence; that the name of the petitioner is falsely implicated by the police
and a false mediators' report was prepared; that the Court below failed to
follow the guidelines issued by the Apex Court in various judgments and
hence, prays to allow'this petition.
Learned Public Prosecutor opposed this petition.
' Contd..2....
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Considering the facts and circumstances of the case, the sentence of
imprisonment imposed by the Court below against the petitioner/A-17 alone
is suspended pending disposal of the Criminal Appeal and the petitioner
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 for a like sum
each to the satisfaction of the learned VIII Additional District and Sessions
Judge, Ongole."
Ie
Sd/-M.RameshBabu
ASSISTANT REGISTRAR
aa
// TRUE COPY // SECTION OFFICER
To
1.The VIII Additional District & Sessions Judge, Ongole, Prakasam District.
2.The Inspector of Police, Ongole Town Circle, Prakasam District, =
3.The Superintendent, Central Jail, Nellore, SPSR Nellore District.
4.Two CCs to Public Prosecutor, High Court of A.P.,(OUT) _
9.One CC to Sri Jada Sravan Kumar, Advocate(OPUC) _
6.Two spare copies.
TKK
HIGH COURT
KVL.J & DR.J
DATED: 03-06-2021
BAIL ORDER
1.A.No. 1 of 2021
IN
CRL.A.No. 147 of 2021
RELEASE THE PETITONER
ON BAIL.
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