The vs Unknown
2021 Latest Caselaw 3681 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

CRIMINAL APPEAL Nos.1812 OF 2018 & 38 OF 2021

PROCEEDING SHEET

SL. OFFICE DATE ORDER No. NOTE

(7) 22.09.2021 JB, J & KVL, J:

(PROCEEDING TAKEN UP THROUGH VIDEO CONFERENCING)

I.A. No.1 OF 2021 IN Crl.A.No.1812 OF 2018 AND I.A. No.3 OF 2021 IN Crl.A.No.38 OF 2021

The petitioners/appellants i.e., Accused Nos.6 and 8 stand in the same footing with A-7, who has been enlarged on bail by this Court on 16.07.2021 vide order in I.A. No.1 of 2021 in Criminal Appeal No.979 of 2018. Sole evidence against the said petitioners-accused is an extra judicial confession before PW.11, in respect whereof the learned trial Judge at Paragraph 37 of the impugned judgment, dated 12.02.2018, recorded some doubt. Hence an arguable case in favour of the aforesaid petitioners/appellants i.e., accused Nos.6 and 8 is made out.

Under such circumstances and on the basis of parity with A-7, who has been enlarged on bail by this Court, we are inclined to grant bail to the petitioners.

Accordingly, the substantive sentence of imprisonment is suspended and the petitioners/appellants i.e., Accused Nos.6 and 8 shall be enlarged on bail on each of them executing a personal bond for Rs.20,000/-

(Rupees twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned II Additional Judicial First Class Magistrate, Eluru, West Godavari District. On

SL. OFFICE DATE ORDER No. NOTE such release, they shall appear before the said Court once in a month till disposal of these Appeals, failing which the learned II Additional Judicial First Class Magistrate, Eluru, West Godavari District shall submit a report to this Court, whereupon the bail so granted to the petitioners stands cancelled in accordance with law.

Crl.A. Nos.1812 OF 2018 AND Crl.A.No.38 OF 2021

List these Appeals along with Criminal Appeal Nos.995, 979 & 1374 of 2018 under the caption of 'Final Hearing' on 17.12.2021.

______________________________ JOYMALYA BAGCHI, J

______________________________ KONGARA VIJAYA LAKSHMI, J Dsh