Andhra Pradesh High Court - Amravati
Dunaboina Durga Malleswara Rao ... vs The State Of A.P., on 23 March, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
CRIMINAL APPEAL No.1327 OF 2017
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
09. 23.03.2022 AHSANUDDIN AMANULLAH, J
and
G. RAMAKRISHNA PRASAD, J
(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)
I.As. No.1, 2 & 3 OF 2022
Heard Mr. Sudhakara Rao Ambati,
learned counsel for the applicant/appellant
(A3) and Mr. S. Dushyanth Reddy, learned
Additional Public Prosecutor, for the State,
of 2022.
2. Interlocutory Application No.1 of
2022 was initially filed seeking bail to the
applicant/appellant, who has been
convicted upon trial in Sessions Case
No.163 of 2014 by the learned IV Additional
District and Sessions Judge, Tanuku, West
Godavari District for the offences under
Section 460 R/w.34 of the Indian Penal
Code, 1860 (for short, the 'IPC') and
sentenced to undergo life imprisonment and
also directed to pay a fine of Rs.1,000/- and
in default to undergo simple imprisonment
for a period of three months along with
other two co-accused (A1 and A2).
3. The applicant/appellant (A3) has
been in jail for more than five years and
nine months.
4. For bringing additional materials
on record, Interlocutory Application No.2 of
2022 was filed and thereafter Interlocutory
Application No.3 has been filed to amend
the prayer made in Interlocutory Application
No.1 of 2022 for including the prayer for
suspension of sentence during pendency of
the Appeal by releasing the
applicant/appellant on bail.
5. Learned counsel for the
applicant/appellant submitted that the case
is based purely on conjectures and
surmises, without there being any legal
evidence to convict him. It was submitted
that only on the confessional statements,
the conviction has been recorded and
sentencing has been made. It was submitted
that the other two co-accused have been
released on bail by order dated 28.07.2021
on Interlocutory Application No.1 of 2021 in
Criminal Appeal No.715 of 2016. It was
submitted that, though, the bails have been
granted to the other two co-accused relying
on the judgment in Batchu Rangarao and
others v. State of Andhra Pradesh [2016
{3} ALT (Crl.) 505 (DB) (AP) but the present
applicant/appellant is better placed for the
reason that the recovery of the weapons
used for the crime from the open field after
forensic test has shown that there were
finger prints of the other two co-accused,
who have been enlarged on bail, whereas no
finger print of the applicant was found in
such forensic examination, which has also
been noted in the latter part of the
judgment under appeal at page no.14.
6. Learned Additional Public
Prosecutor has filed counter affidavit and
submitted that there is no adverse report
with regard to the antecedents against the
applicant/appellant. However, an
apprehension has been raised that both the
parties are waiting to seek revenge and,
thus, there may be some law and order
issues. On a specific query of the Court as
to whether release of the other two co-
accused has resulted in any law and order
problem, the answer was in the negative.
7. Having regard to the facts and
circumstances and submissions of learned
counsel for the parties and that among the
three accused, two co-accused, who have
been released, their finger prints had
matched with the finger prints found on the
weapons, which have been recovered, and
that they have been released almost nine
months back, the Court is inclined to allow
the prayer for suspension of sentence and
release the applicant/appellant (A3) on bail.
8. Accordingly, the prayer is allowed.
During pendency of the Appeal, the
conviction and sentence recorded against
the appellant, applicant in I.A. Nos.1, 2 and
3 of 2022 is suspended and he is directed to
be released on bail on his executing bond
for Rs.25,000/- (Rupees twenty five
thousand) with two sureties of the like
amount each to the satisfaction of learned
IV Additional District and Sessions Judge,
Tanuku, West Godavari District. Further,
among the two sureties, one surety must be
a near relative of the applicant/appellant.
Further, the applicant/appellant (A3) shall
report before the concerned police station
once in a month till disposal of the Appeal
and he shall be present before the Court at
the time of hearing of this Appeal as was the
condition set for release of the other two co-
accused.
and 3 stand disposed of.
________________________________
(AHSANUDDIN AMANULLAH, J)
________________________________
(G. RAMAKRISHNA PRASAD, J)
Dsh
