Citation : 2021 Latest Caselaw 1714 AP
Judgement Date : 23 March, 2021
a '\ HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND AND TWENTY ONE: : PRESENT : f THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI AND THE HONOURABLE SRI JUSTICE M. GANGA RAO |.A.No. 1 of 2021 IN CRIMINAL APPEAL.No.1234 of 2014 Between:- Kolli Meher Veera Venkata Sai Satyanarayana Murthy, S/o. Venkateswara Rao. ..Petitioner/Accused No.1 (Appellant in Crl.A.No.1234/2014 on the file of the High Court) AND The State of Andhra Pradesh, (Undi Police Station, West Godavari District), Rep. by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. . Respondent/Claimant
(Respondent in-do-)
Petition under Section 389(1) of Cr.P.C., praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court may be pleased to enlarge the petitioner on bail after suspending the sentence of imprisonment passed through Judgment dated 21-10-2014 in S.C.No. 510/2011 by the III Additional Sessions Judge, Bheemavaram, pending disposal of the above Criminal Appeal. No. 1234 of 2014 on the file of the High Court.
The Petition coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal, and order of High Court dt. 30-09-2016 made in Crl.A.M.P.No. 1540 of 2016 and upon hearing the arguments of Sri P. Vivek, Advocate for the Petitioner and of the Public Prosecutor for respondent/State, the Court made the following ORDER:-
(Proceedings taken up through video conferencing)
It is contended by learned counsel for the petitioner that the petitioner is in custody for six and half years. He prays for bail in the light of the decision in Batchu Rangarao and others v. State of A.P. (2016 (3) ALT (Criminal) 505 (AP)).
Learned Public Prosecutor appearing for the respondent-State submitted report.
We have considered the materials on record. Keeping in mind the protractive period of detention suffered and as the case does not fall under the exceptions in Batchu Rangarao's case (supra) and the conduct of the petitioner in jail is satisfactory, we are inclined to suspend the sentence and enlarge the petitioner on bail. .
Contd....2.....
A
Accordingly, the petitioner shall be released on bail on his furnishing a self bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for like amount each to the satisfaction of the Ill Additional Sessions Judge, Bheemavaram, West Godavari District and on condition that he shall appear before the learned Ill Additional Sessions Judge, Bheemavaram, West Godavari District, once in a month till disposal of the Appeal. In the event he fails to do so, the learned Sessions Judge shall submit a report before this Court, whereupon the bail so granted to him may be cancelled, in accordance with law.
sd/-B.NarsingaRao ASSISTANT
| | | // TRUE COPY // | . -
| SECTION OFFICER
Ne
To
1.The II] Additional Sessions Judge, Bheemavaram, West Godavari District.
3.The Superintendent, Central Jail, Rajamahenravaram, East Godavari District.
3.The Circle Inspector, Bhimavaram Rural Circle, West Godavari District.
4.Two CCs to Public Prosecutor, High Court of A.P.,(OUT)
5.One CC to Sri P. Vivek, Advocate(OPUC)
6.Two spare copies.
TKK
HIGH COURT
JB.J & MGR.J
DATED: 23-03-2021.
BAIL ORDER
|.A.No. 1 of 2021 IN CRL.A.No. 1234 of 2014
RELEASE THE PETITONER ON BAIL.
Sa dk *
Ne OL Sy Degoat ove
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