Sayaboina Venkatnaryana, Guntur ... vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 7851 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.277 of 2017

                                           PROCEEDING SHEET

Sl.
                                                          ORDER

No           DATE
05.       14.10.2022         MGR, J & TMR, J
                                                     I.A.No.1 of 2022

The petitioners-appellants/A1 & A2 filed the present application under Section 389(1) Cr.P.C., to enlarge them on bail by suspending the sentence of imprisonment imposed in SC.No.24/2016 on the file of the XIII Additional Sessions Judge, Narasaraopet, Guntur District, Andhra Pradesh, pending disposal of the Criminal Appeal.

Vide judgment, dated 19.12.2016, the learned XIII Additional Sessions Judge, convicted the petitioners/A1 & A2 for the offence punishable under Sections 302 and 201 read with 34 I.P.C and accordingly, sentenced them to suffer imprisonment for life and also to pay a fine of Rs.500/- each, in default, to undergo simple imprisonment for a period of one month.

The grounds on which the present application came to be filed seeking bail are that the petitioners were convicted based on the circumstantial evidence, which is not supported by any corroborative evidence and that the petitioners have completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P.1, they would be entitled for bail.

Learned Public Prosecutor, on written instructions,

2016 (3) ALT (Crl.) 505 (DB) (A.P).

states that the conduct of the petitioners in the jail is satisfactory.

The fact that the petitioners have completed 5 years of actual sentence after their conviction is not in dispute.

As the case of the petitioners does not fall within any of the exceptions and falls within the parameters laid down in Batchu Rangarao & others case, and as the conduct of the petitioners in the jail is satisfactory, we are inclined to enlarge the petitioners on bail on certain terms and conditions.

Accordingly, the Interlocutory Application is allowed and the petitioners/A1 & A2 shall be enlarged on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Vinukonda, Palanadu, Guntur District, Andhra Pradesh. However, the petitioners/A1& A2 shall report before the concerned Police Station once in a month i.e., on last Sunday of the month between 10:00 A.M. and 5:00 P.M till disposal of the appeal and they shall be present before the Court at the time of hearing of this appeal.

It is needless to mention that if the petitioners failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.

___________ MGR, J

___________ TMR, J GBS