Nayadu Naga Babu vs State Of Ap
2021 Latest Caselaw 1882 AP

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI_-¥ '
FRIDAY, THE SEVENTH DAY OF MAY, , ,
TWO THOUSAND AND TWENTY ONE ~~
:PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN oo
IA No. 2 OF 2021 -
IN
CRLRC NO: 338 OF 2021 -

Between: \

Nayadu Naga Babu,.S/o. Dharma Swamy, R/o. Adamilli Village, K. Kota Mandal, West
Godavari District.
__Petitioner/Accused
(Petitioner in CRLRC 338 OF 2021
on the file of High Court) _

AND
' The State of AP, Rep. by Its Public Prosecutor, High Court of Andhra Pradesh at Amaravati
...Respondent
(Respondents in-do-) --
Counsel for the Petitioner : SRI UYYURI MANIVARUN ~
Counsel for the Respondent : . PUBLIC PROSECUTOR ~

Petition under Section 397(1) of Crl.P.C praying that in the circumstances stated in the
memorandum of grounds of criminal revision petition, the High Court may be pleased to enlarge
the petitioner on bail, by suspending the conviction and sentence imposed by Calendar and
Judgment dated 04.12.2018 in CC No.197 of 2013 on the file of the Court of Learned Judicial
Magistrate of First Class, Chintalapudi, West Godavari District, as confirmed by the Calendar
and Judgment dt.19.4.2021 passed in Crl.A.No.567 of 2018 on the file of the Court of Learned IT
Additional District and Sessions Judge, West Godavari District at Eluru, pending disposal of
CRLRC No.338 of 2021, on the file of the High Court. --

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in. Crl.RC., the earlier orders of the High Court dt. 03.05.2021 and upon hearing the
arguments of SRI UYYURI MANIVARUN, Advocate for the Petitioner, and of Public

' Prosecutor for Respondent No.1/ State, the Court made the following --~

ORDER:

(on being mentioned)

"While admitting the criminal revision case this court ordered on 03.05.2021 suspension of sentence imposed by the courts below pending further orders and the petitioner to surrender and on such surrender he shall be released on bail basing upon the submission made by the learned counsel on that day. But today the learned counsel brought to the notice of this court that the petitioner is serving sentence in jail and as such seeks for modification of the order dated 03.05.2021 as it affects the material portion of the order for which the learned Assistant Public Prosecutor also has no objection to modify the

order basing upon the factual aspect.

In view of the above said facts and circumstances with regard to the suspension of sentence of the courts below there is.no change in the order of this court dated 03.05.2021. It shall remain as it is pending further orders. But insofar as the petitioner is concerned, since he is committed to jail he shall be released on bail subject to executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand

only) with two sureties for a likesum each to the satisfaction of Judicial Magistrate of First

~N

Class, Chintalapudi, West Godavari District. The surrender portion of the petitioner is

deleted since he is in jail as on today. Accordingly, it is modified."

Sd/-M.RameshBabu_ ASSISTANT REGIST

/'TRUE COPY//

| i SECTION OFF

R

To,

1. The II Additional District and Sessions Judge, West Godavari District at Eluru. --

2. The Judicial Magistrate of First Class, Chintalapudi, West Godavari District. --

3. The Superintendent, Sub-Jail, Eluru, West Godavari District,

4. One CC to Sri. Uyyuri Manivarun, Advocate [OPUC] --

5. Two CCs to Public Prosecutor, High Court of AP [OUT] a

6. One spare copy

MM

"

HIGH COURT

BKMJ

DATED:07/05/2021

ORDER

IA No. 2 OF 2021 IN

CRLRC NO: 338 OF 2021

AMENDED ORDER