Yejjala Parasayya vs The State Of Andhra Pradesh
2022 Latest Caselaw 1465 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       MAIN CASE No.: Crl.R.C.No.218 of 2022

                                 PROCEEDING SHEET

Sl.                                                                                Office
        DATE                                  ORDER
No                                                                                 Note

1.    24.03.2022   CMR, J

                   8
                                        I.A.No.2 of 2022

                          Dispensed with for the present.


                                                                        ________
                                                                         CMR, J

                   8
                                     Crl.R.C. No.218 of 2022

                          Admit.

                          Learned Additional Public Prosecutor takes notice
                   for respondent/State.

Post the matter after six (6) weeks.

________ CMR, J I.A.No.1 of 2022

The petitioner was tried for the offence punishable under Section 338 IPC in C.C.No.634 of 2015 on the file of the learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam and he was found guilty for the said offence and was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.100/- and in default of payment of fine to suffer simple imprisonment for a period of one month for the said offence. Appeal preferred against the said judgment of conviction and sentence in Crl.A.No.438 of 2016 on the file of the learned II Additional Metropolitan Sessions Judge, Visakhaptnam, came to be dismissed by the impugned order. However, the sentence is reduced to six months while upholding the fine amount that was imposed.

Aggrieved thereby, the present Criminal Revision Case is filed assailing the legality and validity of the impugned judgment of conviction and sentence.

The petitioner was on bail throughout the trial in the trial Court and also during the appellate stage in the appellate Court. He has already paid the fine amount in the trial Court.

Therefore, in the said facts and circumstances of the case, only the execution of the substantive sentence of imprisonment imposed against the petitioner in C.C.No.634 of 2015 on the file of the learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam, which in turn was confirmed in Crl.A.No.438 of 2016 on the file of the learned II Additional Metropolitan Sessions Judge, Visakhaptnam, reducing the sentence to six months, is hereby ordered to be suspended till the disposal of this Criminal Revision Case.

The petitioner shall be released on bail on execution of self bond for Rs.25,000/-(Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam.

________ CMR, J AKN