Katta Lakshmi Bhavani Kumar, ... vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 7262 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                        MAIN CASE No.: Crl.A.No.1047 of 2017

                                          PROCEEDING SHEET

Sl.
                                                           ORDER

No           DATE
04.       21.09.2022         MGR, J & TMR, J

                                                    I.A.No.1 of 2022

This application has been filed under Section 389(1) of Cr.P.C to release the petitioner/appellant/accused on bail by suspending the sentence passed in Sessions Case No.230 of 2015 on the file of the II Additional Sessions Judge, Eluru.

Vide judgment, dated 30.06.2017, the learned Additional Sessions Judge convicted the petitioner/Accused No.1 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.10,000/-, in default of payment of fine, to undergo imprisonment for a period of three months.

The main ground urged by learned counsel appearing for the petitioner is that the petitioner has 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, he would be entitled for bail Learned Additional Public Prosecutor, on instructions, states that the conduct of the petitioner in the jail is satisfactory.

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

We have perused the material on record. Though the petitioner has completed 5 years of actual sentence after his conviction and his conduct in the jail is satisfactory, the same cannot be only grounds for entertaining the prayer for bail in view of the parameters laid down in Batchu Rangarao & others case. On merits, having gone through the judgment of the trial Court and considered the facts of the case, in view of the nature of the offence committed by the petitioner, we are not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

_________ MGR, J

_________ TMR, J Crl.A.No.1047 of 2017

Post on 30.12.2022.

_________ MGR, J

_________ TMR, J Vjl