Polipalli Kalidasu vs The State Of Andhra Pradesh
2022 Latest Caselaw 9579 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : Crl.A.597 of 2022
                                    PROCEEDING SHEET

Sl.      Date                                    ORDER                                OFFIC
No.                                                                                     E
                                                                                      NOTE


1.

13.12.2022 SRS,J Crl.A.No.597 of 2022

ADMIT.

Call for lower Court record.

________ SRS, J I.A.No.1 of 2022

Petitioner/A1 filed this petition is filed to suspend the operation of conviction and sentence imposed by judgment, dated 27.10.2022 in S.C.No.36 of 2015 on the file of learned Additional metropolitan Sessions Judge, Viaskhapatnam.

The above appeal is filed against judgment dated 27.10.2022 in S.C.No.36 of 2015 on the file of learned Additional metropolitan Sessions Judge, Viaskhapatnam, whereby the petitioner along with other accused was convicted for the offence punishable under Section 393 of IPC and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- and in default of payment of fine to suffer simple imprisonment for a period of one month.

Heard.

Learned counsel for the petitioner would submit that the ingredients of provisions charged against the petitioner/appellant are not proved. He would further submit that lower Court failed to see that PWs1 and 2 did not dispose about the presence of A1 at their home and their evidence is not clear about who pressed calling bell and how can they depose about who pressed calling bell from ground floor. Hence, he prays to grant the relief as prayed for.

Considering the facts and circumstances of the case and submissions of learned counsel for petitioner, the sentence of imprisonment imposed against the petitioner/A1 alone is suspended pending the criminal appeal and the petitioner shall be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a likesum to the satisfaction of learned II Additional Metropolitan Magistrate, Visakhapatnam.

________ SRS, J IKN