Andhra Pradesh High Court - Amravati
Shaik Fayaz vs State Of A.P., on 17 March, 2021
Bench: Joymalya Bagchi, A V Sai
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
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
|.A. No. 1 of 2021
IN
CRL.A. No. 44 of 2015
Between :- |
Shaik Fayaz, S/o. Rahamthullah, Kacherimitta, aged about 26 years,
R/o. Kacherimitta, Kavali, SPSR Nellore District.
...Petitioner/Accused
(Petitioner in CRLA 44 OF 2015
on the file of High Court)
AND
The State of A.P., Rep., by its Public Prosecutor, High Court of A.P at Amaravathi
...Respondent
(Respondents in-do-)
Petition under Section 389 (1) 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 release the petitioner/appellant on bail pending Crl.A.No. 44 of 2015 on
the file of the High Court preferred against the Judgment Dt. 04-12-2014 passed in
S.C.No. 59 of 2007 on the file of the Court of IV Additional District & Sessions Judge,
Nellore.
The petition coming on for hearing and upon perusing the petition and
memorandum of grounds filed herein and order of High Court dt. 27-01-2015 made in
Crl.A.M.P.No. 61 of 2015 and order dt. 06-03-2020 made in |.A.No. 1 of 2019 and upon
hearing the arguments of Sri Raja Reddy Koneti, Advocate for the petitioner and of
Pubic Prosecutor for the respondent/State, 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. (2016 (3) ALT (Crl) 505). This fact is not
disputed by the learned Public Prosecutor.
It is submitted that the petitioner does not appear to be the principal
assailant.
We have considered the evidence on record. We note in view of the period
of detention already suffered by the petitioner, he falls within the category of the
persons whose sentence may be suspended in the light of the law declared in the
above referred case. His conduct in jail is also satisfactory. Accordingly, 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 Additional
Judicial First Class Magistrate, Kavali, SPSR Nellore District.
Contd...2...
2. He shall appear during hearing and shall report to the trial Court once
in a 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." a
iN
Sd/-M.RameshBa
ASSISTANT REGISTRAS
//TRUE COPY//
SECTION C
For. _.
riICER
To
1.The Additional Judicial Magistrate of First Class, Kavali, Nellore District ~~
2.The IV Additional District and Sessions Judge, Nellore,
3.The Superintendent, Central Prison, Nellore. ~
4.Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(OUT) --
5.One CC to SRI RAJA REDDY KONETL Advocate [OPUC]
6.Two spare copies.
TKK
HIGH COURT
JB.J & AVSS.J
DATED : 17-03-2021
BAIL ORDER
|.A.No. 1 of 2021
IN
CRLA.No.44 of 2015
RELEASE THE PETITIONER
ON BAIL
