Nayakula Eeranna N.Kambaiah, ... vs State Of Ap., Rep By Pp.,
2022 Latest Caselaw 7389 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.1058 of 2017

                                          PROCEEDING SHEET

Sl.
                                                         ORDER

No     DATE
03. 21.09.2022             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.542 of 2014, on the file of the Sessions Judge, Anantapuramu, pending disposal of the Criminal Appeal, whereby, the petitioner-accused was convicted for the offence punishable under Section 302 I.P.C and sentenced to undergo imprisonment for life and pay a fine of Rs.500/-, in default of payment of fine, simple imprisonment for one month.

Learned counsel appearing for the petitioner- appellant submits that the petitioner is undergoing sentence and continuing in jail since 11.07.2017. In view of the Judgment in Batchu Rangarao & others v. State of A.P.1, since the petitioner has completed 5 years of actual sentence after conviction by the trial Court, he would be entitled for bail. The present case falls within the parameters laid down in the Batchu Ranga Rao's case. Hence, the present application came to be filed seeking bail.

Learned Additional Public Prosecutor, on written instructions, states that the conduct of the petitioner in the

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

jail is satisfactory.

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 engrafted in Batchu Rangarao and falls within the parameters laid down in the said case, and 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.20,000/- (Rupees Twenty thousands only) with two sureties for a like sum each to the satisfaction of the learned Sessions Judge, Ananthapuramu. However, the petitioner shall report before the concerned Police Station once in a month till disposal of the appeal and he shall be present before this 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