Andhra Pradesh High Court - Amravati
Gurrala Venkateswara Rao, Wg.Dt ... vs The State Of Andhra Pradesh, Rep ... on 14 September, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.1070 of 2017
PROCEEDING SHEET
Sl.
ORDER
No DATE
09. 14.09.2022 MGR, J & TMR, J
I.A.No.1 of 2021
The petitioners-appellants/A.1 & A3 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.415 /2010 on the file of
the Judge, Family Court-cum-VII Additional Sessions
Judge, West Godavari, Eluru, pending disposal of the
Criminal Appeal.
Vide judgment, dated 26.07.2017, the learned
Additional Sessions Judge convicted the petitioners/A.1 &
A3 for the offences punishable under Sections 452 read
with 34 IPC and Section 302 read with 34 I.P.C and
accordingly, sentenced them to undergo rigorous
imprisonment for a period of one year each and pay a fine
of Rs.500/- each, in default of payment of fine, to undergo
simple imprisonment for a period of two weeks each for
the offence under Section 452 r/w 34 IPC and sentenced to
undergo life imprisonment and also to pay a fine of
Rs.1,000/- each, in default, to undergo simple
imprisonment for a period of one month each for the
offence under Section 302 r/w 34 IPC.
The only ground on which the present application
came to be filed seeking bail is 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,
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 offences for which the petitioners were
convicted do 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 & A3 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 I Additional Judicial Magistrate of First Class,
Tadepalligudem. However, the petitioners/A1 & A3 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.
2016 (3) ALT (Crl.) 505 (DB) (A.P).
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
Vjl
