Citation : 2021 Latest Caselaw 1609 AP
Judgement Date : 19 March, 2021
HIGH COURT OF ANDHRA PRADESH An FRIDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWEND :PRESENT: 4 THE HONOURABLE SRI JUSTICE BATTU DEVANAND IA No. 1 OF 2020 IN CRLRC NO: 302 OF 2020 Between: 1. Matha Associates, Rep by its Managing Partner D. Venkat Raju, Plot No. 87, D.no. 39- 33-20, VUDA Colony, Madhavadhara, Visakhapatnam. 2. D. Venkat Raju, S/o. Sanyasi Raju, Aged about 49 years, Plot No. 87, D.no. 39-33-20, VUDA Colony, Madhavadhara, Visakhapatnam. ...Petitioner(s) (Petitioner in CRLRC 302 OF 2020 on the file of High Court) AND 1. The State of AP, rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi 2. Bandaru Kankarathnam, W/o. Bandaru Krishna Rao, aged about 55 years, R/o D.No. 2-3- 9/6, Sai Balaji residency, Ramnagar, BHPV, BHPV (PO), Visakhapatnam. ... Respondent(s) (Respondents in-do-) Petition under Section 397 (1) R/w 482 Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioners on bail by suspending the conviction and sentence and also payment of compensation against the petitioners imposed by the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam in C.C.No.149 of 2013 dated 28-09-2018, as confirmed by the IV Additional Metropolitan Sessions Judge, Visakhapatnam at Gajuwaka in Crl. A. No.485 of 2018 Dated 02-03-2020, pending disposal of the above Criminal Revision No. 302 of 2020, 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 Sri Satheesh Kumar Eerla, Advocate for the Petitioners and of the Public Prosecutor, High Court of AP, representing the Respondent No.1, the Court made the following: ORDER
"This petition is filed seeking to suspend the sentence imposed and also payment of compensation imposed against the petitioners/Accused, in C.C.No.149 of 2013, dated 28.09.2018 as confirmed by the IV Additional Metropolitan Sessions Judge, Visakhapatnam at Gajuwaka in CrI.A.No.485 of 2018, dated 02.03.2020, and enlarge them on bail.
Having heard the learned counsel on both sides and considering the facts and circumstances of the case, there shall be interim suspension of the sentence alone imposed in the judgment dated 02.03.2020, passed in Crl.A.No.485 of 2018, on the file of the Court of IV Additional Metropolitan Sessions Judge, Visakhapatnam at Gajuwaka and the 2" petitioner are directed to be enlarged on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, and to appear before the trial Court on the dates given by the concerned Court."
SD/- M.RAMESH BABU"
ASSISTANT REGIST /[TRUE COPY// A
For ASSISTAN GISTRAR To, IV Additional Metropolitan Sessions Judge, Visakhapatnam at Gajuwaka, A.P. III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, A.P. Smt. Bandaru Kankarathnam, W/o. Bandaru Krishna Rao, R/o D.No. 2-3-9/6, Sai Balaji residency, Ramnagar, BHPV, BHPV (PO), Visakhapatnam. (By RPAD) One CC to Sri Satheesh Kumar Eerla, Advocate [OPUC] Two CC's to the PUBLIC PROSECUTOR, High Court of AP, [OPUC] One spare copy
wr
FID in
Note: Amended the Order dt:15/05/2020 in the 2™ para at 5" time as "The 2"! petitioner instead
of "the Petitioner" in IA.No.1/2020 in CriRC No.302/2020, as per the Court Order dt: 19/03/2021 in IA.No.1/2021 in CrIRC.No.302/2020.
Substitute this Amended Order dt: 19/03/2021 in the place of earlier Order dt: 15/05/2020, which was dispatched on 16/05/2020.
SD/- M.Ramesh Babu ASSISTANT REGISTRAR
HIGH COURT
DEVJ
DATED: 15/05/2020 19/03/2021
AMENDED ORDER
IA No. 1 of 2020 in
CRLRC.No.302 of 2020
DIRECTION
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