K.Balaji Rao vs State Of Ap
2021 Latest Caselaw 4366 AP

                        HIGH COURT OF ANDHRA PRADESH
                         MAIN CASE NO.: Crl.A.663 of 2021
                                   PROCEEDING SHEET

Sl.No.     Date                                   ORDER                                 OFFICE
                                                                                         NOTE

  1.     27.10.2021   LK,J
                                       Crl.A.No.663 of 2021
                              Admit.
                              Learned Assistant Public Prosecutor takes
                      notice on behalf of respondent-state.

Call for lower Court record.

_______ LK, J I.A.No.2 of 2021

This petition is filed seeking suspension of sentence imposed in judgment dated 16.07.2019 passed in S.C.No.30 of 2017 on the file of learned Special Judge for trial of cases under Protection of Children from Sexual Offences Act - cum- Additional District and Sessions Judge, Srikakulam and to enlarge petitioner on bail, pending disposal of the criminal appeal.

Heard Sri N.Ravi Prasad, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-state.

Learned counsel for the petitioner submits that the petitioner/accused was sentenced to undergo Rigorous Imprisonment for a period of ten years, Simple Imprisonment for three years and one year besides imposing fine for the offences punishable under Sections 3 and 4 of the POCSO Act and Sections 363 and 344 of IPC.

Learned counsel for the petitioner submits that petitioner is innocent and he has not committed the alleged offence. He submits that prior to this incident, victim girl eloped with petitioner to Hyderabad and stayed there for 10 to 15 days. He submits that petitioner has good grounds to succeed the appeal and as he has been languishing in jail since two and half years, his case may be considered for grant of bail. Learned Assistant Public Prosecutor opposed the petition.

Taking into consideration the fact that the petitioner/accused has been languishing in jail since two and half years, the sentence of imprisonment imposed against the petitioner/ accused in judgment, dated 16.07.2019 passed in S.C.No.30 of 2017 by learned Special Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, 2012 - cum- I Additional District and Sessions Judge, Srikakulam, alone is suspended pending the criminal appeal. The petitioner/accused shall be enlarged on bail on execution of self bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a likesum each to the satisfaction of learned Judicial Magistrate of First Class, Srikakulam.

_______ LK, J ikn