The vs Unknown
2022 Latest Caselaw 1274 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       MAIN CASE No.: Crl.R.C.No.189 of 2022

                                  PROCEEDING SHEET

Sl.                                                                                Office
        DATE                                   ORDER
No                                                                                 Note

1.

11.03.2022 CMR, J

Crl.R.C. No.189 of 2022

Admit.

Notice.

________ CMR, J CMR, J

I.A.No.1 of 2022

The petitioners are A-1 to A-5 in C.C.No.39 of 2010 on the file of the learned Judicial Magistrate of First Class, Nandalur, YSR Kadapa. They were convicted for the offences punishable under Sections 120(B), 420, 417, 465, 468 r/w 149 IPC and was sentenced to undergo simple imprisonment for a period of five months for the offences punishable under Sections 420, 417, 468 IPC and three months for the offence punishable under Section 465 IPC and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for a period of one month.

In the appeal preferred against the said judgment of conviction in Criminal Appeal No.173 of 2018 on the file of the learned III Additional Sessions Judge, Rajampet, the Appellate Court has set aside the conviction and sentence for the offence punishable under Section 417 IPC against A-1 to A-5 and for the offence punishable under Section 465 and 468 IPC against A-1 to A-4, however, confirmed the judgment of conviction and sentence of the trial court for the offence punishable under Section 420 and 120B IPC against A-1 to A-4 and for the offence punishable under Section 120B, 420, 465 and 468 IPC against A-5.

Therefore, the petitioners have preferred the Criminal Revision Case assailing the legality and validity of the impugned judgment of conviction and sentence imposed by both the trial Court and the Appellate Court.

The appellants were on bail throughout the trial of the case in the trial Court and also in the appellate Court. Although it is stated by learned counsel for the petitioners that the fine amount imposed against the petitioners is paid in the trial Court, no such receipts are produced before this Court in proof of payment of the fine amount. Therefore, the substantive sentence of imprisonment imposed against the petitioners in Criminal Appeal No.173 of 2018 on the file of the learned III Additional Sessions Judge, Rajampet, is hereby ordered to be suspended till the disposal of this Criminal Revision Case, subject to production of proof of payment of fine before the trial Court.

The petitioners shall be released on bail on execution of self bond for Rs.25,000/-(Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Nandalur, on production of proof of payment of fine before the learned Magistrate. If the petitioners fail to produce the proof of payment of fine, they shall be released on payment of the said fine before the trial Court. If the petitioners fail either to produce proof of payment of fine or if they fail to pay the fine, the petitioners shall not be released on bail.

________ CMR, J AKN