Citation : 2021 Latest Caselaw 2212 AP
Judgement Date : 30 June, 2021
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ° WEDNESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY ONE ?-PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CRIMINAL APPEAL NO: 893 OF 2012 Between: Jedda Venkatesh, S/o Aseervadam, Aged 28 years, Madiga, R/o Banaganupalli Village, Kurnool Dist. .. Apellanti(Accused AND The State of A-P., Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. ... Respondent/Complainant Petition under Section 374(2) of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to present this memorandum of CriA., against the conviction and sentence awarded in S.C.No.357 of 2010 on the file of the X Addl. Dist. & Sessions Judge, (FTC), Guntur at Narasaraopet, dated 27.01.2012. 1A NO: 1 OF 2012 (Cri.A.M.P.No.1893 of 2012) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of (157) days in preferring the Cri.A., against the judgment dated 27.01.2012 in S.C.No.357 of 2010 on the file of the X Addl. Dist. & Sessions Judge, (FTC), Guntur at Narasaraopet., Pending disposal of CRLA 893 of 2012, on the file of the High Gourt. IA NO: 2 OF 2012 (Cri.A.M.P.No.1958 of 2012) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail in S.C.No. 357 of 2010 dated 27-01-2012 on the file of the X-Additional District and Sessions Judge, Guntur at Narasaraopet, pending disposal of CRLA 893 of 201 2, on the file of the High Court. [A NO: 1 OF 2017 (Cri.A.M.P.No.786 of 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to release the petitioner on bail during pendency of in CrLA.No. 893 of 2012, Pending disposal of CRLA 893 of 2012, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Smt. A Gayatri Reddy Advocate for the Petitioner and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
lt is represented by Smt. A.Gayatri Reddy, learned counsel for the appellant that she is not in touch with her client after the bail was granted by this Court in the year 2017.
One of the conditions imposed while granting bail, as per the ratio laid down in Bachu Rangarao and others v. The State of Andhra Pradesh (2016 (3) ALT (Cri) 505 (DB) (AP) was that the appellant has to be present before the Court at the time of hearing of the Appeal.
Having regard to the pandemic, at least the appellant has fo be present in the office of the counsel or at least in the concerned police station in terms of the said judgment.
lt is represented by the learned counsel for the appellant that since the phone number of the appellant is not available with her, she is unable to communicate with him as well. As the appeal could not be heard without securing his presence, issue bailable warrant to the appellant.
Post on 06.07.2021.
in the meanwhile, the learned Assistant Public Prosecutor shall direct the local police to secure the presence of the appellant and produce him on line from the police station itself, if permissible, or to inform the office of Public Prosecutor, High court of Andhra Pradesh about seeking his presence.
Sd/-B.CHITTI JOSEPH ASSISTANT REGISTRAR IfTRUE COPY! ¢
For ASSISTANT: REGISTRAR To,
1. The X-Additional District and Sessions Judge, Guntur at Narasaraopet, Guntur District.
X Addl. Dist. & Sessions Judge, (FTC), Guntur at Narasaraopet,Guntur District. One CC to Sri. A Gayatri Reddy Advocate [OPUC]
Two CC's to Public Prosecutor, High Court of AP, Amaravati{OUT}]
One spare copy
OB oN
HIGH COURT
CPKJ & BKMJ
DATED:30/06/2021
POST ON 06-07-2021
ORDER
CRLA.No.893 of 2012
DIRECTION
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