Elle Chandra Sekhar, W.G.Dt., vs The State Of Ap., Rep Pp.,
2021 Latest Caselaw 1575 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY , THE SEVENTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE

:PRESENT:
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE A V SESHA SAI

1.A No. 1 OF 2021
IN
CRLA NO: 173 OF 2016

 

Between:

Elle Chandra Sekhar, S/o Mallaiah,
...Petitioner
(Appellant in CRLA 173 OF 2016
on the file of High Court)

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
At Amaravati for the State of Andhra Pradesh
...Respondent
(Respondents in-do-)

Petition under Section 389 (1) of Cr. PC praying that in the circumstances stated
in the memorandum of grounds filed in support of the Criminal Appeal, the High Court
may be pleased to grant bail by suspending the operation of conviction and sentence
imposed by calendar and Judgment Dt: 42-01-2016 passed in S.C. No. 565 of 2011 on
the file of the Court of the IV Additional District and Sessions Judge (FTC), Tanuku,
pending disposal of CRLA No. 173 of 2016, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in Criminal Appeal and upon hearing the arguments of
Sri Sreekanth Reddy Ambati, Advocate for the Petitioner and of Public Prosecutor for
the Respondents, the Court made the following

ORDER:

Petitioner is in custody for more than five years since the date of conviction. He prays for interim bail in the light of the law declared in Batchu Ranga Rao & Others V. State of A.P.

We have considered the material on record. We note the case of the petitioner does not fall within the exceptions engrafted in the above referred case. His conduct in jail is also satisfactory. Balancing the gravity of the offence against the protracted period of detention suffered by the petitioner, we are inclined to suspend the sentence imposed on the petitioner and direct that he shall be released on bail on the conditions as follows;

4. Petitioner shall be released on bail on furnishing a bail bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each to the satisfaction of the learned II Additional Judicial First Class Magistrate, Tanuku.

2. He shall appear during hearing and shall report to the trial Court one ina month and, in the event he fails to do so, the trial Court shall submit a report before this Court and the bail granted to the petitioner shall be cancelled in accordance with law.

Sd/-T.Madhavi

ASSISTANT REGIST& AR TRUE COPYI// \ SECTIQN OFFICER For .

To

--

ak WN

TVR

The IV Additional District and Sessions Judge (FTC), Tanuku, West Godavari District

The Superintendent, Central Prison, Rajhamundry, East Godavari District. Two CC to Public Prosecutor, High Court of A.P. at Amaravati (OUT)

One CC to Sri Sreekanth Reddy Ambati, Advocate [OPUC] One spare copy.

HIGH COURT

JBJ & AVSSJ

DATED:17/03/2021

ORDER

l.A No. 1 OF 2021 IN CRLA NO: 173 OF 2016

BAIL

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