Andhra Pradesh High Court - Amravati
Criminal Procedure vs Unknown on 25 March, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.1952 OF 2022
ORDER:-
This Criminal Petition under Section 439 of the Code of
Criminal Procedure, 1973, is filed to enlarge the petitioner on bail.
The petitioner is A-2 in S.C.No.37 of 2020 on the file of the
learned III Additional Sessions Judge, Bhimavaram.
A case under Sections 302, 120(B) r/w 34 IPC was
registered against him along with other accused.
Briefly stated, it is the case of the prosecution that
previously the deceased in this case lodged report with the police
against A-1 and A-2 in this crime alleging that they have attempted
to kill him. A case in Crime No.85 of 1998 was registered under
Section 307 r/w 34 IPC in II Town Police Station, Bhimavaram.
Eventually after trial, both A-1 and A-2 herein were found guilty of
committing the offence punishable under Section 307 r/w 34 IPC
against the deceased in this case and they were convicted for the
said offence and was sentenced to undergo rigorous imprisonment
for a period of ten years and to pay fine. Appeal preferred against
the said judgment of conviction and sentence by them was also
dismissed. Even when they went up to the Supreme Court, the
Hon'ble Apex Court also confirmed the said judgment of conviction
and sentence. Therefore, they are undergoing imprisonment in the
said case and they are in jail.
While so, the complainant in the said case in Crime No.85 of
1998 was subsequently murdered in this crime. It is the case of
the prosecution that as A-1 and A-2 were convicted in a case
registered on the basis of the report lodged by the deceased herein,
they hatched up a conspiracy to kill him while they are in jail and
they engaged the services of A-4 to A-6 with the help of the brother
of A-2, who is A-3, and got complainant murdered in this crime.
Therefore, it is stated that the petitioner has committed the
offences punishable under Sections 302, 120B r/w 34 IPC.
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The facts of the case show that the petitioner herein was
convicted for committing the offence punishable under Section 307
r/w 34 IPC along with A-1. The appeal preferred by them was
dismissed and even the Apex Court has confirmed the said
judgment of conviction and sentence. Therefore, they bore grudge
against the de facto complainant in Crime No.85 of 1998 at whose
instance the said criminal prosecution was launched against them
for the offence punishable under Section 307 r/w 34 IPC and they
were convicted and was sentenced to undergo imprisonment. So,
they hatched up a conspiracy while they are in jail undergoing
imprisonment in the said case to commit murder of the said
complainant and accordingly they engaged the services of A-4 to A-
6 and got him murdered.
Therefore, the complicity of the petitioner in committing the
offence of criminal conspiracy punishable under Section 120B IPC
to commit murder of the deceased is very much apparent from the
facts of the case. Therefore, in view of the gravity of the offences in
which the petitioner is involved and as he hatched up a conspiracy
even while he was undergoing imprisonment in jail along with A-1
and as the case is now ripe for trial, this Court is of the considered
view that the petitioner is not entitled to bail. If he is released on
bail, there is every likelihood of the petitioner tampering with the
prosecution evidence and also interfering with the trial processes.
Therefore, this Court is not inclined to grant bail to the petitioner
in the said facts and circumstances of the case.
Resultantly, the Criminal Petition is dismissed.
However, as the petitioner is under trial prisoner in the
above crime along with A-1, the trial Court is directed to
immediately frame the charges in this case and fix a trial schedule
and complete trial of the case within three months from the date of
receipt of this order.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 25-03-2022
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.1952 OF 2022
Date: 25-03-2022
AKN
