Andhra Pradesh High Court - Amravati
Oruganti Madhu, vs The State Of Andhra Pradesh on 17 February, 2022
Bench: Cheekati Manavendranath Roy
HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI
MAIN CASE No. Crl. R. C. 144 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
(1) 17-02-2022 CMR, J. Transferred
I.A.No.1/2022 to I.O.
Folder.
Dispensed with for the present.
_________
CMR, J.
Crl.R.C. No.144/2022
Admit.
Learned Additional Public Prosecutor has
taken notice for the respondent No.1/State.
Issue Notice to respondent No.2.
Post after four weeks.
_________
CMR, J.
I.A.No.2/2022
Heard learned counsel for the petitioner
and the learned Additional Public Prosecutor for
the respondent/State.
This petition is filed seeking suspension
of the execution of sentence imposed against
the petitioner and for grant of bail to the
petitioner.
The petitioner is sole accused in
C.C.No.527 of 2015 on the file of the Additional
Junior Civil Judge, Mangalagiri, Guntur
District. He was tried for the offence punishable
under Section 326 of IPC. He was convicted for
the offence under Section 324 of IPC and was
sentenced to undergo rigorous imprisonment for
a period of six months. Appeal preferred
against the said judgment of conviction in Crl.
Appeal No.34 of 2020 on the file of the
V Additional District and Sessions Judge cum
Special Judge for Trial of Offences against
Women, Guntur, was dismissed confirming the
judgment of conviction and sentence imposed
against him by the trial Court. However, he was
convicted for the offence under Section 323 of
IPC instead of Section 324 of IPC. The sentence
of six months imprisonment is maintained.
Aggrieved thereby, the present criminal
revision case is preferred by the petitioner
assailing the legality and validity of the
impugned judgment.
The petitioner was on bail throughout the
trial in the trial Court and in the appellate
Court during the pendency of the appeal.
Therefore, in the said facts and
circumstances of the case, the petition is
allowed and there shall be interim suspension
of execution of substantive sentence of
imprisonment imposed against the petitioner/
sole accused in C.C.No.527 of 2015 on the file
of the Additional Junior Civil Judge,
Mangalagiri, which was confirmed by modifying
the Section of law in Crl. Appeal No.34 of 2020
on the file of the V Additional District and
Sessions Judge cum Special Judge for Trial of
Offences against Women, Guntur, till the
disposal of this revision. The petitioner/sole
accused shall be released on bail on execution
of a self bond for Rs.25,000/- (Rupees twenty
five thousand only) with two sureties for a like
sum each to the satisfaction of the Additional
Junior Civil Judge, Mangalagiri.
_________
CMR, J.
Note:-
Issue C.C. today.
(B/o)
Ak
