HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Main Case : Criminal Appeal No.1478 of 2017
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
10. 01.12.2022 AVSS,J & DVR, J
I.A.Nos.1 and 2 of 2022
Appellant No.1, who is the Accused No.7
and appellant No.2, who is the Accused No.8
in S.C.No.203 of 2012 on the file of the Court
of I Additional District and Sessions Judge,
West Godavari, Eluru, are the petitioners in
the present applications filed under Section
389(1) Cr.P.C., seeking suspension of the
execution of the sentence of imprisonment
imposed on them in the aforesaid sessions
case and to release them on bail.
2. By way of Judgment dated
30.10.2017, the learned I Additional District
and Sessions Judge, West Godvari, Eluru,
convicted the petitioners/A.7 and A.8 for the
offence under Section 302 read with Section
149 IPC and sentenced them to undergo
rigorous imprisonment for life and to pay fine
of Rs.1,000/- each, in default, to suffer
imprisonment for three moths each.
3. The ground sought to be pressed into
service in the present applications for bail is
that the petitioners/A.7 and A.8 completed
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five years of actual sentence after conviction
imposed by the learned Sessions Judge and in
view of the Judgment of the Composite High
Court of Andhra Pradesh in Batchu Rangarao
and Ors. Vs.State of A.P.1. They are entitled for
bail.
4. The fact remains that the petitioners
have completed five years of actual sentence
of their conviction. The Division Bench of this
Court in Batchu Rangarao & another
(supra-1) held as follows:
"On considering their valuable
suggestions and after a thorough evaluation
of the relevant factors, we are inclined to
indicate broad criteria on which the
applications for grant of bail pending the
Criminal Appeals filed against the
conviction for the offences, including the
one under Section-302 IPC, and sentencing
of the appellants to life among other allied
sentences, are to be considered. Accordingly,
we evolve the following criteria:
(1) A person who is convicted for life
and whose appeal is pending before this
Court is entitled to apply for bail after he
has undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons
falling in (1) supra shall be subject to his
good conduct in the jail, as reported by the
respective Jail Superintendents;
(3) In the following categories of
cases, the convicts will not be entitled to
be released on bail, despite their satisfying
the criteria in (1) and (2) supra:
The offences relating to rape coupled
with murder of minor children, dacoity,
murder for gain, kidnapping for ransom,
killing of the public servants, the offences
falling under the National Security Act
and the offences pertaining to narcotic
drugs.
(4) While granting bail, the two
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.2016 (3) ALT (Crl.) 505 (DB) (A.P)
3
following conditions apart from usual
conditions have to be imposed, viz., (1) the
appellants on bail must be present before
the Court at the time of hearing of the
Criminal Appeals; and (2) they must report
in the respective Police Stations once in a
month during the bail period.
This broad criteria cannot be
understood as invariable principles and
the Bench hearing the bail applications
may exercise its discretion either for
granting or rejecting the bail based on the
facts of each case. Needless to observe that
grant of bail based on these principles
shall, however, be subject to the provisions
of Section-389 of the Code of Criminal
Procedure."
5. Written Instructions furnished by the
Superintendent of Police, Central Prison,
Rajamahendravaram, vide LR.No.
CPR/CRC /2022, dated .11.2022 and
LR.No.CPR/CRC/10449/2022, dated
17.11.2022
with regard to the petitioners/A.7 and A.8 respectively, are placed on record and at S.No.14 of the nominal roll, it is indicated that the conduct of the petitioners/A.7 and A.8 is "satisfactory".
6. It is not the case of the prosecution that the case of the petitioners/A.7 and A.8 falls under the exceptions indicated in the operative portion of the Judgment in Batchu Rangarao (supra-1).
7. Since the case of the petitioners/A.7 and A.8 falls under the parameters laid down in the case of Batchu Ranga Rao (supra-1) delivered by a Division Bench of the Composite High Court of Andhra Pradesh and 4
the same attained finality, this Court is inclined to release the petitioners/A.7 and A.8 on bail subject to certain terms and conditions.
8. Accordingly, IA Nos.1 and 2 are allowed and the petitioners/A.8 and A.7 shall be enlarged on bail on their executing personal bonds for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two local sureties each for the like sum each to the satisfaction of the Court of II Additional Judicial Magistrate of First Class, Eluru, West Godavari. On such release, the petitioners/ A.8 and A.7 shall report before the II Town Police Station, Eluru, once in a week i.e., on every Saturday between 10.00 a.m. and 11.00 a.m. till disposal of the appeal and they shall be present before this Court at the time of hearing of the appeal. It is needless to observe that in the event of failure on the part of the petitioners/A.8 and A.7 either in appearing before this Court at the time of hearing of the appeal or in fulfilling the conditions mentioned supra, the prosecution is at liberty to take steps against them in accordance with law.
__________________ A.V.SESHA SAI, J
_________________________________ DUPPALA VENKATA RAMANA, J Mjl/* CC by 02.12.2022
