Gorla Venkateswarlu vs The State Of Andhra Pradesh
2022 Latest Caselaw 9608 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : Crl.A.584 of 2022 PROCEEDING SHEET

Sl. Date ORDER OFFIC No. E NOTE

2. 14.12.2022 SRS,J Crl.A.No.584 of 2022

ADMIT.

Call for lower Court record.

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

Petitioner filed this petition to suspend the operation of conviction and sentence imposed by judgment, dated 21.11.2022 in C.C.No.10 of 2016 on the file of learned Special Judge for Trial of ACB Cases in Rayalaseema Region, Kurnool.

The petitioner was found guilty for the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (for short the 'Act') and he was sentenced to suffer simple imprisonment for a period of two years and to pay a fine of Rs.20,000/- for the offence punishable under Section 7 of the Act and in default of payment of fine, to undergo simple imprisonment for two months. He was also sentenced to suffer simple imprisonment for a period of two years and to pay a fine of Rs.25,000/- for the offence under Section 13(1)(d) read with 13(2) of the Act and in default of payment of fine, to undergo simple imprisonment for three months.

Heard.

Learned counsel for the petitioner would submit that the lower Court imposed sentenced only basing on presumptions and assumptions. He would submit that investigation and the evidence of prosecution are totally inconsistent with each other and there is no official favour pending with the petitioner. He would submit that prosecution failed to prove that the petitioner demanded bribe for doing official work. Hence, prays to grant the relief as prayed for.

Considering the submissions of learned counsel for petitioner, the sentence of imprisonment imposed against the petitioner alone is suspended pending the criminal appeal on condition of the petitioner surrendering before learned Special Judge for Trial of ACB Case in Ryalaseema Region, Kurnool and on such surrender, the petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a likesum to the satisfaction of learned Special Judge for Trial of ACB Case in Ryalaseema Region, Kurnool.

________ SRS, J IKN