Andhra Pradesh High Court - Amravati
Jn vs Unknown on 24 June, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE TWENTY FOURTH DAY OF JUNE, TASS THOUSAND AND TWENTY TWO
: FRESENT :
THE HONQURABLE SAI JUSTICE SUBBA REDDY SATT!
LANG. 1 of 2022.
JN
CRIMINAL APPEAL No 22? of 2022
Between
Kondaveeti Mani Prasad, 5/0. Sari Chinna Kondaiah, Aged 40 years, .
Sub-inspector, Railway Protection Farce (RPF}, Guntur RPP Post, Nay
South Central Ra Away ), Gurtuy Division, Gurtur, Réo. House No. §-3-263/5A,
Butchaiah Thotta, 6 Lane, C/o. Shri M. Ane janeyulu, Ope ; Rarnarac Hospital,
Guntur (Under suspension wie f P5-Od- 2016),
. Fetitioner/ Accused
"(Appellant in CrL A No. 227 /2022
an the Mle of the High Court}
AND .
The State of Andhra Pradesh, Resp. by its Special Standing Counsel Tor CRI,
Nigh Court of Andhra Pradesh, Amaravati.
Respondent
{Raspondent in-do-}
Petitien under Section 38971} of (r.P.C., praying that in) the
circumstances stated in the grounds filed in the Criminal Appeal, the High
Court may be oleased to suspend the operation of conviction and sentence
recorded by Calendar and Judgment, 0£.16-05-2022 passed in CC.No. 28 of
2016 on the fle of Court af learned Principal Special Judge for CRI Cases,
Visakhapatnam and direct the petitioner fo cantinue on bail, pending disposal
of the above Criminal Appeal No. 227 af 2022 on the fle of the High Court.
The Petition caring on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and upon hearing the arguments of
Mis. Nimmgadda Revathi, Advecate for the Petitlener and of
Sri A. Chennakesavulu, Soecial Public Prosecutor far CBI Cases on behall of
respondent/State, the Court made the following
ORDER :-
"This petition is filed to suspend the operation of conviction and
sentence imposed by judgment, dated 16.05.2022 In C.C.No.28 of 2076 and
to direct the petitioner to continue on bail.
The above appeal is Sled against judgment dated 16.05.2022 passed
in C.C.No. 28 of 20176 on the file of learned Principal special Judge for CB.
Cases, Visakhapatnam, whereby the petitiaener was convicted fer the
affences punishable under Sections 7 and 13(4 Ne} read with 73 (2) of F.C.
Act, 1988 and was sentenced fo undergo rigcrous imprisonment for a perfod
of 3 years and fo pay a fine of Rs. 10,000/- with defaull sentence to underge
simple imprisonment for a period of 3 months for the offence under Section
7 oF PLC. Act, 1988. The petitioner was further sentenced to underge
rigorous imprisonment for a peried of two years and to pay a Hine of
Rs. 10,000) with default sentence to undarge simple imerisonment for a
period of 3 months for the offence under Section 13{1Nd} read with 13(2)
of B.C. dct, 1988 and both the sentences shall run concurrently.
Heard.
Canid.d..
fd
Learned counsel for the petitioner would submit that the prosecution
failed to prove the alleged demand of gratification by the petitioner and no
afficial work of PW4 was pending before the petitioner by the date of
alleged demand of bribe. She woul! further submit that as the petitioner
paid fine amount, the lower Court suspendad the sentence initially UU
44.06.7022 and the same was extended OU 19.07.2022. Hence, he prays te
grant the relief as prayed for. ,
Considering the facts and circumstances of the case and submissions
of iearned counsel far petitioner, the sentence of imprisonmant imposed
against the petitioner alone i suspended pending the criminal appeal on
condition ef petitioner executing a bond for a sum of Rs. 20,000 (Rupees
twenty thousand only} with Owe sureties each for a Nkesurm to the
satisfaction of learned Principal Special Judge for CA."
Sd/- M. PRABHAKAR RAO,
ASSISTANT REGISTRAR
ff TRUE COPY ff oe
SECTION OFFICER
Te
.The Principal Special Judge for CHI Cases, Visakhapainam.
}. The inspector of Poline, SPE, CA, Visakfiapsinam.
Two COs to Sri A. Chennakesavulu, Special Public Prasecutar for CB! Cases,
High Court af A.P.(QUT)
One CC to M/s. Nirmngacdda Revathi, Advacate(QRPUC)
One spare cepy,
Pod od
ee
ate
a
oe
3.
TKK
HIGH COURT
SRS
DATED: 24-06-2022
BAIL ORDER
LANG, Taf 2022
iN
CRL.A.No, 227 of 2022
RELEASE THE PETITONER
ON BAIL.
NS
