Biswaranjan Singh vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3421 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                    MAIN CASE NO.: Crl.A.No.1526 of 2018
                                 PROCEEDING SHEET

Sl.      Date                                ORDER                                 OFFICE
No.                                                                                 NOTE

3.    07.09.2021   LK,J
                                         I.A.No.1 of 2019
                          This petition is filed seeking suspension of
                   sentence imposed in judgment dated 15.02.2018
                   passed in N.D.P.S.S.C.No.13 of 2017 on the file of
                   learned I Additional District and Sessions Judge,
                   Chittoor and to enlarge the petitioners on bail,
                   pending disposal of the criminal appeal.

                          Heard Sri D.Purna Chandra Reddy, learned
                   counsel for the petitioners and learned Assistant
                   Public Prosecutor for the respondent-state.

Learned counsel for the petitioners submits the petitioners are alleged to have committed offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and the contraband alleged to have been seized from their possession is 8 Kgs. He submits that the petitioners were sentenced to undergo rigorous imprisonment for seven years each and also to pay fine of Rs.25,000/- each, in default to undergon simple imprisonment for one year each. Learned counsel submits that the petitioners have paid fine and they are languishing in jail since more than four and half years and as there is no likelihood of hearing the appeal as it is of the year, 2018, the case of the petitioners may be considered for grant of bail.

Learned Assistant Public Prosecutor opposed the bail application.

Taking into consideration that the petitioners have already undergone more than half of punishment, the sentence of imprisonment imposed against the petitioners/A1 to A3 in judgment, dated 15.02.2018 passed in N.D.P.S.S.C.No.13 of 2017 on the file of learned I Additional District and Sessions Judge, Chittoor, alone is suspended pending the criminal appeal. The petitioners/A1 to A3 shall be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two sureties for a likesum each to the satisfaction of learned I Additional District and Sessions Judge, Chittoor. In case fine is not paid, the petitioners shall be enlarged on bail after paying the fine.

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LK, J ikn