Andhra Pradesh High Court - Amravati
P. Nageswara Rao, vs The State Of A.P., on 2 March, 2021
Bench: Lalitha Kanneganti
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SECOND DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE ~~
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ,~
IA No. 1 OF 2021--
IN
CRLRC NO: 206 OF 2020.
Between:
P. Nageswara Rao, S/o Lakshmi Narayana, Aged 52 years, Hindu, Business, R/o H No
1-2-472, Road No 1, Besides C-Bay, Banjarahills, Hyderabad - 34.
..Petitioner__
AND
1. The State of A.P., through Public Prosecutor, High Court of A.P., Amaravathi.
2. Alla Sri Ranganadh, S/o Sri Rama Murthy, Aged 38 years, Hindu, Agriculture,
R/o H No 6-263, Pasivadala, Kovvuru mandal, West Godavari district
...Respondent--
Counsel for the Petitioner: SRI K J V N PUNDAREEKAKSHUDU_
Counsel for the Respondent No.1: PUBLIC PROSECUTOR --
Z
Petition under Section 397(1) of Cr.P.C praying that in the circumstances stated
in the memorandum of grounds filed in support of the petition, the High Court may be
pleased to suspend the Judgment dt.30.12.2019 passed in Crl.A No.198 of 2016 on the
file of IX Additional sessions Judge, Kovvur, West Godavari by confirming the Trail
Court conviction and sentence passed in C.C.No.395 of 2015 on the file of Il Addl. Judi.
Magistrate of 1% Class Court, kovvur, by granting bail to the
petitioner/appellant/accused, pending disposal of CRLRC No.206 of 2020, on the file of
the High Court. --
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following --
ORDER
"The petitioner has filed !.A.No.1 of 2020 along with this revision seeking
suspension of judgment dated 30.12.2019 passed in Crl. Appeal No.198 of 2016 by
learned IX Additional Sessions Judge, Kovvur, West Godavari District confirming
the conviction and sentence passed in C.C.No.395 of 2015 by learned Il Additional
Judicial Magistrate of First Class, Kovvur. --
This Court by order dated 28.02.2020 has dismissed the petition on the
ground that the petitioner did not surrender before the court holding that he has
to first surrender before the trial Court to serve sentence and then he can seek
suspension of execution of sentence for grant of bail.
Now the petitioner has come up with this application stating that in view of
the prevailing covid situation and as physical presence before the suboridinate
Courts was suspended by the High Court as well as the Hon'ble Supreme Court,
he could not appear before the Court.
Learned counsel for the petitioner submits that the petitioner was also
tested positive with COVID-19 and he filed medical report in support of the same.
He prays to allow this petition by taking into consideration the above facts.
In the light of the facts and circumstances of the case, the sentence of
imprisonment imposed against the petitioner in Crl.A.No.198 of 2016 dated
30.12.2019 on the file of the learned IX Additional Sessions Judge, West Godavari
District, Kovvur, confirming the judgment dated 16.05.2016 passed in C.C.No.395
of 2015 on the file of the learned Il Additional Judicial Magistrate of First Class,
Kovvur is suspended pending the criminal revision case on condition of
petitioner surrenderring before the II Additional Judicial Magistrate of First Class,
Kovvur and on such surrender, the petitioner shall be released on bail on the
same day on his executing a bond for a sum of Rs.20,000/- (Rupees twenty
thousand only) with two sureties each for a likesum to the satisfaction of the
learned Il Additional Judicial Magistrate of First Class, Kovvur, West Godavari
District. The petitioner shall deposit an amount of Rs.50,000/- (Rupees fifty
thousand only) before the trial Court within four weeks from the date of this order
and respondent No.2 is permitted to withdraw the same.
Post after four weeks." --- $d/-M.RameshBabu
ASSISTANT REGIS
ITTRUE COPY// SECTION GFFICER
To,
1. The IX Additional sessions Judge, Kovvur, West Godavari District.
AR
2. The Il Addl. Judl. Magistrate of 1*' Class Court, kovvur, West Godavari District --
3. Alla Sri Ranganadh, S/o Sri Rama Murthy, Aged 38 years, Hindu, Agriculture, --
R/o H No 6-263, Pasivadala, Kovvuru mandal, West Godavari district (By RPAD)
4. One CC to Sri K J VN Pundareekakshudu, Advocate [OPUC] ~~
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT)~
6. One spare copy 4
SP
HIGH COURT
LKJ
DATED: 02/03/2021
POST AFTER FOUR WEEKS
ORDER
IA No. 1 OF 2021
IN
CRLRC.No.206 of 2020
DIRECTION
