Vasiredy Koteswara Rao, Guntur ... vs The State Of Ap., Rep Pp.,
2021 Latest Caselaw 3763 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A No.1273 of 2016

                            PROCEEDING SHEET

Sl.
                                         ORDER

No      DATE

10    24.09.2021   CPK, J & BKM,J

                                   I.A.No.1 of 2021

The petitioner is the sole accused moved this application seeking bail on medical grounds pending disposal of the appeal.

The petitioner is the sole accused in Sessions Case No.169 of 2015 on the file of the learned Principal Sessions Judge, Guntur and vide judgment, dated 14.12.2016, the learned Sessions Judge convicted the petitioner/accused for the offence punishable under Section 304 Part-II of IPC and Sections 3 and 5 of Explosive Substances Act, 1908, and accordingly, sentenced him to undergo rigorous imprisonment for a period of seven years and also sentenced him to undergo imprisonment for life and also sentenced to pay fine of Rs.10,000/-, in default of payment of fine, to undergo simple imprisonment for a period of two months and the accused further sentenced to undergo simple imprisonment for a period of five years and also sentenced to pay fine of Rs.1000/- in default of payment of fine, to undergo simple imprisonment for a period of fifteen days. Challenging the same, the present appeal came to be filed. Pending appeal, the present application came to be filed seeking bail on the ground that the health condition of the petitioner/accused is not well.

Learned Public Prosecutor placed on record the medical certificate issued by the Civil Assistant Surgeon, Central Prison Hospital, Rajahmundry, which reads as under:

"This is to certify that, CT No.5361, V.Koteswara Rao, S/o Veera Raghavaiah, age 59 years, the prisoner suffering from BRONCHIAL ASTHMA, RIGHT RENAL CELL CARCINOMA WITH POST NEPHRECTOMY."

From a reading of the above, it appears that the petitioner/accused is suffering Right Renal Cell Carcinoma with Post Nephrectomy. According to which, the learned Assistant Public Prosecutor would mean that the petitioner/accused is suffering with malignancy.

Having regard to the above, the petitioner/accused shall be granted bail for a period of six weeks enabling him to take treatment in any hospital of his choice.

Accordingly, the petitioner/Accused shall be enlarged on bail on his executing a personal bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) each with two local sureties for the like sum each to the satisfaction of the VI Additional Judicial Magistrate of First Class, Guntur, for a period of six weeks. We hereby made it clear that the petitioner/accused shall remain on bail from 27.09.2021 to 08.11.2021. The petitioner/accused shall surrender before the concerned Jail Superintendent on or before 5.00 P.M. on 08.11.2021.

___________ CPK, J

___________ BKM, J

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