Rokkarokkla Satish, Guntur Amp ... vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 9307 AP

                                                  1



             HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No: Crl.A.No.906 of 2017
                                        PROCEEDING SHEET

Sl.
                                                      ORDER

No           DATE
8.        05.12.2022        MGR, J & TMR, J

                                              I.A.No.2 of 2022

This Interlocutory Application is filed by the petitioner/1st appellant (A.1) under Section 389(1) r/w 437 of Cr.P.C seeking suspension of the execution of sentence of imprisonment dated 09.08.2017 passed in S.C.No.33 of 2016 on the file of the Special Judge constituted under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Guntur and to enlarge him on bail during pendency of the appeal, on the ground that he has already undergone the sentence of five years from the date of filing of criminal appeal and the case against him does not fall under the exceptions laid down in Batchu Rangarao & others Vs. State of A.P.1.

On the last occasion, learned counsel for the petitioner sought adjournment and today also, none appeared for the petitioner.

Learned Additional Public Prosecutor appearing for the State states that the petition under Section 437 of Cr.P.C. is not maintainable and it is superfluous.

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

In view of the dismissal of I.A.No.1 of 2022 by order dated 28.09.2022, the benefit of judgment rendered in Batchu Rangarao's case (1 supra), is not available to the petitioner and moreover, he made sexual assault on the minor girl. Now, the petitioner filed the present application seeking bail on merits. But, the earlier application was considered as per the Batchu Rangarao's case (1 supra) as well as on merits.

Accordingly, the Interlocutory Application is dismissed.

_________ MGR, J

_________ SV, J anr