Heard Learned Counsel For The vs Unknown
2022 Latest Caselaw 2379 AP

          HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

                   MAIN CASE No.Crl.R.C.No.319 of 2022

                              PROCEEDING SHEET
Sl.   DATE                            ORDER                                   OFFICE
No.                                                                            NOTE
(1) 05-05-2022   CMR, J.                                                     Transferred
                                      I.A.No.1 of 2022                       to I.O.
                                                                             Folder.

                             Dispensed with for the present.

                                     Crl.R.C.No.319 of 2022

                           Admit.

                           Notice.

                           Post after Summer Vacation, 2022.

                                      I.A.No.2 of 2022

                           Heard learned counsel for the petitioner

                 and learned Additional Public Prosecutor for the

                 respondent-State.

                           The petitioner is the sole accused in C.C.

                 No.854 of 2015 on the file of the Additional Judicial

                 Magistrate of First Class, Kavali. He was convicted

                 for the offence punishable under Sections 354-B of

                 IPC   and    was      sentenced    to   undergo   simple

                 imprisonment for a period of three years and to pay

                 a fine of Rs.10,000/-. The appeal preferred against

                 the said judgment of conviction and sentence in Crl.

                 Appeal No.298 of 2018 on the file of the Special

                 Judge for trial of offences under S.Cs. and S.Ts.

                 (POA) Act-cum-V Additional Sessions Judge, Nellore

                 was   dismissed        by    the   impugned    judgment

                 confirming    the     said   judgment    of   conviction.

                 However, the sentence is reduced to two years and

                 to pay a fine of Rs.10,000/-.

                        The petitioner has paid the fine amount in
                            2


the trial Court. He was on bail throughout the trial

in the trial Court and also before the Appellate

Court during the course of hearing of the appeal.

        Therefore,        considering    the   facts       and

circumstances of the case and the submissions of

the learned counsel for the petitioner, who asserts

that the petitioner got a strong case to succeed in

the Crl.R.C., only the execution of the substantive

sentence of imprisonment imposed against the

petitioner in C.C.No.854 of 2015 on the file of the

Additional Judicial Magistrate of First Class, Kavali,

which in turn was confirmed in Criminal Appeal

No.298 of 2018 on the file of the Special Judge for

trial of offences under S.Cs. and S.Ts. (POA) Act-

cum-V Additional Sessions Judge, Nellore, is hereby

ordered to be suspended, till disposal of the

Criminal Revision Case.

      The petitioner shall be released on bail on

execution of a self-bond for Rs.25,000/- (Rupees

Twenty Five Thousand only) with two sureties for

the   likesum    each      to   the   satisfaction    of   the

Additional Judicial Magistrate of First Class, Kavali.


                                                     _________
                                                      CMR, J.

Note:

Issue C.C. by tomorrow. B/O cs