Citation : 2021 Latest Caselaw 4386 AP
Judgement Date : 28 October, 2021
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE NO.: Crl.A.312 of 2021
PROCEEDING SHEET
Sl.No. Date ORDER OFFICE
NOTE
LK,J
1. 28.10.2021
Crl.A.No.312 of 2021
Admit.
Learned Assistant Public Prosecutor
takes notice on behalf of respondent-state.
Call for lower Court record.
_______ DR, J I.A.No.1 of 2021
This petition is filed to condone the delay of 763 days in preferring the prestn criminal appeal filed against the judgment dated 12.12.2017 passed by the Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada in S.C.No.21 of 2017.
In view of the reasons mentioned in the accompanying affidavit, the delay of 763 days is condoned.
Accordingly, I.A. is allowed.
_______ DR, J I.A.No.2 of 2021
This petition is filed seeking suspension of sentence imposed in judgment dated 12.12.2017 passed in S.C.No.21 of 2017 on the file of learned Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada and to enlarge petitioner/appellant on bail, pending disposal of the criminal appeal.
Conntd...
Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioner submits that petitioner has good grounds to succeed the appeal and as he has been languishing in jail more than 03 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 more than 03 years, the sentence of imprisonment imposed against the petitioner/accused in judgment, dated 12.12.2017 passed in S.C.No.21 of 2017 learned Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada, 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 Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada.
_______ DR, J Pnr
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