Andhra Pradesh High Court - Amravati
S.Jahangeer Ali Jahangeer Valli, ... vs The State Of Ap., Rep Pp., on 15 September, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.584 of 2017
PROCEEDING SHEET
Sl.
ORDER
No DATE
04. 15.09.2022 MGR, J & TMR, J
I.A.No.1 of 2022
This application is filed by the
petitioners/appellants/A1 to A3, to release them
on bail by suspending the sentence passed in
Sessions Case No.308 of 2012 on the file of the
learned I Additional Sessions Judge Court,
Chittoor.
Vide judgment, dated 01.06.2017, the
learned Additional Sessions Judge convicted the
petitioners/A1 to A3 and sentenced them to
undergo imprisonment for life for the offence
punishable under Section 304-B IPC; sentenced
to undergo RI for a period of five years each and
pay a fine of Rs.15,000/- each, in default, SI for
six months each for the offence under Section 3 of
Dowry Prohibition Act, 1961; and sentenced to
undergo SI for a period of six months each and
pay a fine of Rs.100/- each, in default, SI for 15
days each for the offence under Section 4 of
Dowry Prohibition Act, 1961.
When the application is taken up for
hearing, learned counsel for the petitioners
submitted that 2nd petitioner-2nd appellant-
accused No.2 died on 01.09.2022.
The main ground urged by learned counsel
appearing for the petitioners is that the
petitioners-A1 & A3 have completed more than 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 instructions,
stated that the conduct of the petitioners-A1 & A3
in the jail is satisfactory.
We have perused the material on record.
The fact that the petitioners have completed 5 years of
actual sentence after their conviction is not in dispute.
however, the same cannot be a sole ground for
entertaining the prayer for bail in view of the
parameters laid down in Batchu Rangarao & others
case. In the instant case, in view of the evidence of
Medical Officer-PW10 that while conducting post-
mortem examination, he observed nail abrasions
present over both sides of neck mainly carotid
region on right side of the neck; 7 x 1 cm bruised
area extending from left lateral border of thyroid
cartilage to posterior sterno eledo mastoid region
and concluded that the deceased would appear to
have died of occlusion of carotid arteries due to
throttling leads to sudden cardiac arrest, we are
not inclined to suspend the sentence and enlarge
the 1st petitioner - A1 on bail, at this stage.
However, taking into consideration the fact that
the 3rd petitioner-A3 is a woman aged 55 years and as
the case falls within the parameters laid down in
Batchu Rangarao & others case, and as the conduct
of the 3rd petitioner - A3 in the jail is satisfactory, we
are inclined to enlarge the 3rd petitioner - A3 on bail
2016 (3) ALT (Crl.) 505 (DB) (A.P).
on certain terms and conditions.
Accordingly, the Interlocutory Application is
dismissed insofar as petitioners 1 & 2 - A1 & A2 are
concerned and allowed insofar as 3rd petitioner-A3 is
concerned and the 3rd petitioner/A3 shall be
enlarged on bail on her executing a personal bond
for a sum of Rs.20,000/- (Rupees Twenty thousand
only) with two sureties for a like sum each to the
satisfaction of the learned IV Additional Junior Civil
Judge-cum-Judicial First Class Magistrate, Chittoor.
However, the 3rd petitioner/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 she shall be
present before this Court at the time of hearing of
this appeal.
It is needless to mention that if the 3rd
petitioner/A3 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
