Andhra Pradesh High Court - Amravati
Mora Chinna Polaiah vs The State Of Andhra Pradesh, on 7 October, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.424 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
4 07.10.2021 CPK, J & BKM, J
I.A.No.1 of 2021
The petitioner, who is Accused, filed the
present application under Section 389(1) Cr.P.C.,
seeking bail, pending disposal of the Criminal
Appeal.
The petitioner/Accused was tried in Sessions
Case No.148 of 2014 on the file of the learned VII
Additional District & Sessions Judge, Gudur, for the
offence punishable under Sections 302 and 201 of
IPC.
As seen from the record, the judgment in the
Sessions Case No.148 of 2014 was pronounced on
19.02.2016 and since then the petitioner is said to
be in jail. Though the appeal is of the year 2016, we
are inclined to grant bail to the petitioner/Accused.
The only ground on which the present
application seeking bail came to be filed is that the
petitioner has completed 5 years of actual sentence
after conviction by the trial Court and in view of the
Judgment in Batchu Rangarao & others v. State
of A.P.1, he would be entitled for bail.
2016 (3) ALT (Crl.) 505 (DB) (A.P).
The fact that the petitioner has completed 5
years of actual sentence after his conviction is not in
dispute. The Division Bench of this court in Batchu
Rangarao & others supra, held as under:
"On considering their valuable suggestions and after a
thorough evaluation of the relevant factors, we are
inclined to indicate broad criteria on which the
applications for grant of bail pending the Criminal
Appeals filed against the conviction for the offences,
including the one under Section-302 IPC, and
sentencing of the appellants to life among other allied
sentences, are to be considered. Accordingly, we evolve
the following criteria:
(1) A person who is convicted for life and whose appeal is
pending before this Court is entitled to apply for bail
after he has undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons falling in (1) supra
shall be subject to his good conduct in the jail, as
reported by the respective Jail Superintendents;
(3) In the following categories of cases, the convicts will
not be entitled to be released on bail, despite their
satisfying the criteria in (1) and (2) supra:
The offences relating to rape coupled with murder of
minor children, dacoity, murder for gain, kidnapping for
ransom, killing of the public servants, the offences
falling under the National Security Act and the offences
pertaining to narcotic drugs.
(4) While granting bail, the two following conditions
apart from usual conditions have to be imposed, viz., (1)
the appellants on bail must be present before the Court
at the time of hearing of the Criminal Appeals; and (2)
they must report in the respective Police Stations once in
a month during the bail period.
This broad criteria cannot be understood as invariable
principles and the Bench hearing the bail applications
may exercise its discretion either for granting or rejecting
the bail based on the facts of each case. Needless to
observe that grant of bail based on these principles
shall, however, be subject to the provisions of Section-
389 of the Code of Criminal Procedure.
Learned Public Prosecutor states that the case of
the petitioner does not fall within any of the
exceptions laid down in the said judgment and that
the conduct of the petitioner in the jail is
satisfactory.
It is not a case where the petitioner is alleged to
have committed offence relating to rape coupled with
murder of minor children, dacoity, murder for gain,
kidnapping for ransom etc.
Since the case of the petitioner falls within the
parameters laid down in Batchu Rangarao &
others case and as the judgment of the Division
Bench attained finality, the petitioner shall be
released on bail on certain terms and conditions.
Accordingly, the Interlocutory Application is
allowed and the petitioner/Accused shall be enlarged
on bail on his executing a personal bond for a sum of
Rs.25,000/- (Rupees Twenty Five thousand only)
each with two local sureties for the like sum each to
the satisfaction of the Judicial Magistrate of First
Class, Venkatagiri, Nellore District. However, the
petitioner/ Accused shall report before the
concerned Police Station once in a month till
disposal of the appeal and he shall be present before
the Court at the time of hearing of this appeal.
It is needless to mention that if the petitioner
fails to appear before the Court at the time of hearing
the appeal or violated the conditions imposed supra,
liberty is given to the learned Public Prosecutor to
take steps accordingly.
___________
CPK, J
___________
BKM, J
Gvl
