Jupudi Suresh, Ipur Mandal., vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 7198 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.124 of 2017

                                          PROCEEDING SHEET

Sl.
                                                       ORDER

No     DATE
14. 19.09.2022             MGR, J & TMR, J
                                                  I.A.No.1 of 2022

The present application has been filed under Section 389(1) Cr.P.C., to enlarge the petitioner on bail by suspending the sentence of imprisonment imposed in SC.No.405/2014, on the file of the XIII Additional Sessions Judge, Narasaraopet, pending disposal of the Criminal Appeal.

Vide judgment, dated 06.04.2016, the learned Additional Sessions Judge convicted the petitioner- accused for the offence punishable under Section 302 I.P.C and accordingly, sentenced him to undergo imprisonment for life and pay a fine of Rs.500/-, in default, simple imprisonment for one month.

The only ground on which the present application came to be filed seeking bail is that the petitioner has 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, he would be entitled for bail.

Learned Public Prosecutor, on written instructions, states that the conduct of the petitioner in the jail is satisfactory.

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

The fact that the petitioner has completed 5 years of actual sentence after his conviction is not in dispute.

As the case of the petitioner 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 petitioner in the jail is satisfactory, we are inclined to enlarge the petitioner on bail on certain terms and conditions.

Accordingly, the Interlocutory Application is allowed and the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the learned XIII Additional Sessions Judge, Narasaraopet, Guntur District. However, the petitioner 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 he shall be present before the Court at the time of hearing of this appeal.

It is needless to mention that if the petitioner 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