HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.226 of 2017
PROCEEDING SHEET
Sl.
ORDER
No DATE
6. 02.02.2022 CPK, J & Dr. KMR, J
I.A.No.1 of 2022
The petitioners, who are accused in Sessions Case No.173 of 2013 filed the present application under Section 389(1) of the Code of Criminal Procedure,1973 (Cr.P.C.), seeking bail, pending disposal of the Criminal Appeal.
The petitioners/A.3 to A.8 and two others were tried in Sessions Case No.173 of 2013 on the file of the learned II Additional Sessions Judge, Kurnool at Adoni, for the offences punishable under Sections 147, 148, 452, 302 and 506 r/w. Section 149 of the Indian Penal Code, 1860 (I.P.C.).
Vide judgment, dated 05.01.2017, the learned Sessions Judge convicted the petitioners/A.3 to A.8 for the offences punishable under Sections 302, 148, 452 and 506 I.P.C and accordingly, sentenced them to undergo Imprisonment for Life and to pay a fine of Rs.100/-, in default, to suffer simple imprisonment for a period of fifteen days (15) each for the offence punishable under Section 302 I.P.C; and also sentenced them to suffer imprisonment for six months and to pay a fine of Rs.100/- each in default, to suffer imprisonment for fifteen (15) days each under each count.
The only ground on which the present application seeking bail came to be filed is that the petitioners/A.3 to A.8 have completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P.1, they would be entitled for bail.
The fact that the petitioners have completed 5 years of actual sentence after their conviction is not in dispute. The Division Bench of this Court in Batchu Rangarao & others supra, held as under:
1
2016 (3) ALT (Crl.) 505 (DB) (A.P).
"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 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."
Learned Public Prosecutor states that the case of the petitioners/A.3 to A.8 does not fall within any of the exceptions laid down in the said judgment and the conduct of the petitioners in the jail is satisfactory.
It is not a case where the petitioners are alleged to have committed offence relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom etc.
Since the case of the petitioners falls within the parameters laid down in Batchu Rangarao & others case and as the judgment of the Division Bench attained finality, the petitioners shall be released on bail on certain terms and conditions.
Accordingly, the Interlocutory Application is allowed and the petitioners/A.3 to A.8 shall be enlarged on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two local sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Alur. However, the petitioners/A.3 to A.8 shall report before the concerned Police Station twice in a month on second and fourth Sunday in between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and they shall be present before the Court at the time of hearing of this appeal.
It is needless to mention that if the petitioners failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.
__________________________ C. PRAVEEN KUMAR, J
____________________________ DR. K. MANMADHA RAO, J
MS
