Palaparthi Srinu, Prakasam Dt., vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 5602 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.463 of 2017

                                          PROCEEDING SHEET

Sl.               DATE
                                                        ORDER

No

14 24.08.2022 MGR, J & TMR, J I.A.No.1 of 2022

The petitioner, who is the sole accused, filed the present application under Section 389(1) Cr.P.C., seeking bail, pending disposal of the Criminal Appeal.

The petitioner/accused was tried in Sessions Case No.159 of 2016 on the file of the learned Principal Sessions Judge, Prakasam at Ongole, for the offence punishable under Section 302 I.P.C.

Vide judgment, dated 22.03.2017, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 I.P.C. and accordingly, sentenced him to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of one month.

The only ground on which the present application came to be filed seeking bail is that the petitioner has completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P.1, he would be entitled for bail.

Learned Public Prosecutor states that the conduct of the petitioner in the jail is satisfactory.

2016 (3) ALT (Crl.) 505 (DB) (A.P).

The fact that the petitioner has completed 5 years of actual sentence after his conviction is not in dispute.

As the case of the petitioner does not fall within any of the exceptions and falls within the parameters laid down in Batchu Rangarao & others case, and as the conduct of the petitioner in the jail is satisfactory, this Court is inclined to enlarge the petitioner on bail on certain terms and conditions.

Accordingly, the Interlocutory Application is allowed and the petitioner/accused shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of the learned Principal Sessions Judge, Prakasam at Ongole. However, the petitioner/accused shall report before the concerned Police Station once in a month i.e., on last Sunday of the month between 10:00 A.M. and 5:00 P.M till disposal of the appeal and he shall be present before the Court at the time of hearing of this appeal.

It is needless to mention that if the petitioner failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.

___________ MGR, J

___________ TMR, J Vjl