Citation : 2021 Latest Caselaw 1913 AP
Judgement Date : 20 May, 2021
po IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA Vong THURSDAY, THE TWENTIETH DAY OF MAY, TWO THOUSAND AND TWENTY ONE : PRESENT : THE HONOURABLE SRI JUSTICE K SURESH REDDY I.A.No. 2 of 2021 IN CRIMINAL APPEAL No. 2703 of 2018 Between: Reddi Satya Rao, S/o. Appala Naidu. Petitioner/Petitioner No.1 AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. : a Respondent/Respondent Petition under Section 389(1) of Cr.P.C. praying that in the circumstances Stated in the Criminal Appeal, the High Court may be pleased to enlarge the petitioner on bail temporarily for a period of three months in connection with Case No.NSC 27 of 2013 on the file of the Special Judge to try offences under section ANPS Act cum | Additional District & Sessions Judge cum Metropolitan Sessions Judge, Visakhapatnam, pending disposal of Cri.A.No.2703/2018 on the file of the High Court. The Petition coming on for hearing, upon perusing the. petition and the grounds filed in the Criminal Appeai and upon hearing the arguments of Sri M/s. Ramesh Babu Talluri, Advocate for the Petitioner and of the Addl. Public Prosecutor for the Respondent, the Court made the following ORDER:
"This petition is filed under Section 389(1) of the Code of Criminal Procedure, 1973 seeking release of the petitioner / Appellant No.1 on bail for a period of three (03) months.
Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor,
The petitioner along with other accused were tried in N.S.C.No.27 of
2013 by the learned | Additional District & Sessions Judge-cum-
Metropolitan Sessions Judge, Visakhapatnam, for the offences under Sections 8 (c) r/w 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act") and after elaborate trial, the learned Judge convicted them by its Judgment, dated 29.8.2018 and sentenced them to undergo Rigorous imprisonment for a period of fourteen (14) years and also sentenced to pay a fine of Rs.1,00,000/- each for the above said offence. Immediately, the petitioner was taken into custody.
| Learned counsel for the petitioner submitted that at present the petitioner is suffering from blood vomitings and he was admitted in King George Hospital, Visakhapatnam. The Superintendent, King George Hospital had issued a certificate, dated 27.4.2021 stating that the petitioner
is suffering from "Haematesis for evaluation, Acid Peptic and Bilateral Peda
Edema". He further submitted that if the petitioner is getting blood vomitings every day, his condition will become very serious.
On the other hand, learned Additional Public Prosecutor did not dispute the above said facts. He further stated that King George Hospital is
a Covid-19 centre and suggested to take some other hospital.
Be that as it may, as the petitioner's health is deteriorating day-to- day, this Court is inclined to release the petitioner on bail for a period of two (02) months from the date of his release for taking treatment.
Accordingly, the petitioner is ordered to be released on bail on his
executing a personal bond for Rs.20,000/- (Rupees twenty thousand only)
with two sureties for a like sum each to the satisfaction of the | Additional District & Sessions Judge -cum_ -Metropolitan Sessions Judge, Visakhapatnam------ . After completion of two months period, the petitioner is directed to surrender before the Superintendent, Central Prison,
Visakhapatnam, without fail."
/ Sd/-«. TataRao
ASSISTANT REGISTRAR
TRUE COPY // for) SECTION YFFICER
To
1. The Special Judge to try offences under Section NDPS Act cum | Additional District & Sessions Judge cum Metropolitan Sessions Judge, Visakhapatnam.
The Superintendent, Central Prison, Visakhapatnam. Two CCs to the Public Prosecutor, High Court, A.P.(OUT) One CC to Sri Ramesh Babu Talluri, Advocate(OPUC) One spare copy.
oh wn
SP
HIGH COURT
KSRJ
DATED: 20-05-2021
ORDER
1.A.No. 2 OF 2021 IN CRL.A.No. 2703 OF 2018
DIRECTION
Bree Fa ager
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