Andhra Pradesh High Court - Amravati
Cheekaramalli Sai Surendra Nani vs The State Of Andhra Pradesh on 3 November, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~
WEDNESDAY, THE THIRD DAY OF NOVEMBER
. TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH ~
IA No. 1 OF 2021 --
IN
CRLA NO: 319 OF 2021."
Between:
Cheekaramalli Sai Surendra @ Nani, S/o.Ramji Vara Prasad, Aged 35 years,
R/o.D.No.5-74/1, Current Office Street, Pratap Nagar, Kakinada, East Godavari -~
District.
..Petitioner/Appellant --~
AND
The State of Andhra Pradesh, represented by its Public Prosecutor, High Courtof ...-
Andhra Pradesh, Amaravathi.
..Respondent/Respondent
Counsel for the Petitioner : SRI DEVAVARAPU RAMBABU .~
Counsel for the Respondent : PUBLIC PROSECUTOR .-"
Petition under Section 389(1) of the Cr.P.C praying that in the circumstances
stated in the memorandum of grounds filed in CRIMINAL APPEAL, the High Court may
be pleased to enlarge the Petitioner on Bail by suspending the Conviction and Sentence a
imposed in the Calendar and Judgment dated 28-10-2021 passed SC.No.70 of 2019 on
the file of the Court of the IV Additional Sessions Judge, Kakinada, East Godavari
District, Pending disposal of CRLA No. 319 of 2021, on the file of the High Court. .
*%
The court while directing issue of notice to the Respondenis herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER:
"The petitioner is A-1 in S.C.No.70 of 2019 on the file of the learned IV
Additional Sessions Judge, Kakinada. He was convicted for the offences
punishable under Sections 304-B, 498-A of the Indian Penal Code, 1860, and
under Section 4 of the Dowry Prohibition Act, 19671, and was sentenced to
undergo rigorous imprisonment for a period of ten years and to pay fine of
Rs.2,000/- for the offence punishable under Section 304-B of I.P.C. and in default
of payment of fine, to undergo simple imprisonment for three months and
sentenced to undergo simple imprisonment for a period of two years and to pay
fine of Rs.1,000/- for the offence punishable under Section 498-A of LP.C. and in
default of payment of fine, to undergo simple imprisonment for three months and
also sentenced to undergo simple imprisonment for a period of one year and to
pay fine of Rs.10,000/- for the offence punishable under Section 4 of the Dowry -
Prohibition Act and in default of payment of fine, to undergo simple imprisonment
for three months. All the sentences were ordered to be run concurrently.
Aqgrieved by the said judgment of conviction and sentence, the appellant has
preferred the present Criminal Appeal, assailing the legality and validity of the
same. .
in the facts and circumstances of the case, only the execution of the
substantive sentence of imprisonment imposed against the appellant is hereby
ordered to be suspended till the disposal of this criminal appeal. The appellant
shall be released on bail on execution of self bond for Rs.20,000/- (Rupees twenty
thousand only) with two sureties for a like sum each to the satisfaction of the trial
Court. The petitioner shall deposit the fine amount within four weeks from the
date of receipt of a copy of this order, if the fine amount is not already paid."
Spi. KJ. RAJA BABU
ASSISTANT REGISTRAR
TRUE COPY/ u
: SECTION
=
OFFICER
To,
4. The V Additional Judicial Magistrate. of First Class, Kakinada, East Godavari "
District.
The IV Additional Sessions Judge, Kakinada, East Godavari District. a
The Superintendent, Central Jail, Rajahmundry, East Godavari District. a
One CC to SRL DEVAVARAPU RAMBABU,Advocate [OPUC] --
TWO CC'S to PUBLIC PROSECUTOR , High Court of AP. [OUT] a"
One spare copy
oa & @
VD
HIGH COURT
DR, J
DATED: 03/11/2021
ORDER
IA No. 1 OF 2021
IN
CRLA.No.319 of 2021
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DIRECTION
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