Citation : 2022 Latest Caselaw 9299 AP
Judgement Date : 5 December, 2022
IN THE HESN COURT OF ANDNRA PRA MONDAY, THE FIFTH NO T HO USA THE HONOURABLE SRI QUSTICE V SRINIVAS IA No 2 OP 2082 iN GRLA NO: O28 OF S01? Soehveen: veeraah adya Anji Reddy, Sfo Siva Sambi Reddy, O.No. 278, Desapatruripaiam, rawada Mandal Visa thapatnam. Petitioner AgopelantiAccused Nod The State of Andhra Pradesh, rep. by Public Prosecutor, Nigh Court of Andhra Pradesh, Camplanniy/ Respondent
a4, % oe & t fi z
Patitian fied un: der HFCLINISISNCSS
stated in ihe memorandum oe qraumds Ried in su op Loaf the minal Appeal, the
Nigh Coun may be ples n & Imposed on the
Peltioner/Appellant fACCK sn the fis of | Additional
Metropol Han Sessions khapatn nan date ad TY.OF 201¥ for the offences H
Sm ation ne "EE ay --
punisheiie under Sections 3835, 720-8 and Se anal code, oéy Nba ' pending disposal of CARLA No. ¢
oo nae vagy < aw ra ee wt ng, upon gerusing the Crmrunal Aposal ane
apart th ereol Fand the earlier order of made herein and upon hearing the argument ie }
2022.
ude Advocate for the ApplicanVAppellant (Accua
os
' for the Resoondernt-otate, the Court made the
7A
Heard SH Vivekananda Virupakeha, learned counsel for the patitionar and Sri S.Dushyanth Seddy, learned Additional Public Prosecutor fer the Bate.
This application has been fled under Saction 3880) of OrPc suspending the sentence imposed on the petitiener in Sessions Case No.3 of e008 an the fle of the | Additional Metrapolitan Sessions Judge, Visakhapatnam.
¥ide judgment, dated 17.07 2047, the learned Additional Sessions Judge sanvicted the pethioner slang with other accused, for the offences punishable under Sections 364-A, 363, 120-8 and S02 vw 34 LP,
The main ground urged by learned caunsel appearing for the petitioner is that the petitioner has completed more than § years of actual sentence after conviction by the idal Court and in view of the jlucigmert in Satehu Rangarao & afters v. Stefe of ALP.1, he would be antitled for ball,
Learned caunsel for the getitioner further submits that conyietian of the petitioner is based on the clrcumstantial evidence and no motive against the pativioner is attributed and proved,
Learned Additional Public Prasecutor appearing for the State. on instructions, submits that the petitioner has undergane actual sentence af five years one month and hie conduct in the jall is satisfactory. However, he states that the learned Trial Judge has taken inte consideration the evidence af FAALS coupled with the evidence of doctar, convicted the petitionerfanneiiant He further submits that there is no perversity in the findings given by the trial Court and prays to digmies the petition,
We have perused the material on racerd. Though the petitioner has completed 6 years of actual sentence after his canviction and his conduct in the jal is satiefactory, the same cannot be anly ground for enterfaining the prayer for ball in view of the parameters laid down in Satchu Rangaraa's case.
EVaN On merits, having gane through the judgment of the trisl Court and considered the case of the prosecution that the petitioner had kidnapped the tdugsased and the deceased waa last seen in the presence of the petitioner, which is held fo be proved by the trial Court, ralying on the medical evidence, we are not inclined fo grant ball te the petitioner at this stags.
Assordingly, this apglication ig dismissed."
ads K. SRINIVASA RAJU ASSISTANT REGISTRAR
For ASSISTANT REGISTRAR
¥s,
1. The { 2, Visakhapainam.
@. The Ch Metrooa! spain.
3. The 2 Jause munipainam Patios Staton, Visakhanatiam Oistrict 4 One CC tin SN. Virupakshea | oud Advncaia fOPUC] & Twa GC fa Public Prosecutor, fof AP TOUT & One spans copy.
ASR
HIGH CQURT
MGR & SY.)
OATEDIOS. 12.2028
CHRRER
iA No. 2 OF 2028 iN CRLA NOx $29 OF 2017
QHREG THON
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!