HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.Nos.1280, 1295 and 1312 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
15. 05.01.2022
CPK, J & Dr.KMR, J
I.A.No.1 of 2021 in Crl.A.No.1280 of 2016
The petitioner, who is A.4 Crl.A.No.1280 of 2016, in Sessions Case No.277 of 2013 on the file of I Additional Sessions Judge, Nellore. He 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.
It appears that by mistake, the request of the petitioner/A4 in I.A.No.02 of 2021 in Crl.A.No.1280 of 2016 was not carried out in the order, dated 31.12.2021 while granting relief to other petitioners, who filed Crl.A.No.1295 of 2016 and Crl.A.No.1312 of 2016 though a common order was passed. Hence, this application is moved by way of a Lunch Motion.
Vide Judgment dated 14.12.2016, petitioner/A4 was convicted for the offence punishable under Section 302 read with 34 of Indian Penal Code, 1860 (I.P.C.) and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- in default to suffer simple imprisonment for three months.
The only ground on which the present application seeking bail came to be filed is that the petitioner has completed 5 years of actual sentence from the date of filing the appeal, and in view of the Judgment in Batchu Rangarao & others v. State of A.P, he would be entitled for bail.
The fact that the petitioner has completed 5 years of actual sentence from the date of filing the appeal, is not in dispute. The Division Bench of this Court in Batchu Rangarao & others supra, held as under:
"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."
Heard learned Public Prosecutor and Sri G.Vijaya Saradhi, learned counsel for the petitioner/A4.
It is not a case where the petitioner is 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 petitioner falls within the parameters laid down in Batchu Rangarao & others case and as the judgment of the Division Bench attained finality, the petitioner shall be released on bail on certain terms and conditions.
Accordingly, the Interlocutory Application is allowed and the petitioner/A4 shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two local sureties for a like sum each to the satisfaction of the learned V Additional Judicial Magistrate of First Class, Nellore. However, the petitioner/A4 shall report before the concerned Police Station once in a month between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and he shall be present before the Court at the time of hearing of this appeal.
It is needless to mention that if the petitioner 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
