Dhlayath Dadapeer vs The State Of Andhra Pradesh
2023 Latest Caselaw 1833 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl. A. No. 2691 OF 2018

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE 10.04.2023 VJP,J

I.A.No.1 OF 2023 This is an application filed under Section 389(1) of the Code of Criminal Procedure seeking suspension of the sentence and also release of the petitioners on bail.

Main Criminal Appeal came to be preferred by the petitioner-accused No.1 and the Accused No.2 against the judgment dated 10.08.2018 passed by the Court of the learned Special Judge for Trail of NDPS Act Cases- Cum-Metropolitan Sessions Judge, Vijayawada. By way of the said judgment, the learned Sessions Judge convicted the petitioners herein for the offence punishable under Section 8 (c) r/w 20 (b) (ii) (C) of NDPS Act and sentenced them to undergo Rigorous Imprisonment for a period of Ten years and also to pay a fine of Rs.1,00,000/- in default to suffer Simple Imprisonment for a period of one year.

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Learned counsel for the petitioners submits that the petitioners has been in judicial custody since 5 years 8 months. He further submits that the petitioners have good grounds to succeed in the appeal and therefore, they seeks suspension of sentence and also release of the petitioners on bail pending the appeal.

Learned Public Prosecutor filed Written Instructions to the effect that the petitioner's conduct in the jail is satisfactory. She further submits that the accused No.1 and 2 belongs to Karnataka State and therefore, local sureties may be ordered for release of the petitioners.

As seen from the record, the petitioners have been in judicial custody for the last 5 years 8 months. A perusal of the record, trial Court record is not yet received and paper book is not prepared and therefore, it may take some more time for disposal of the appeal.

In view of the facts and circumstances of the case, the execution of sentence of imprisonment imposed against the petitioners/A1 and A2 in SC 177 of 2017 on the file of the learned Special Judge for Trail of SL. DATE ORDER OFFICE NO. NOTE NDPS Act Cases-Cum-Metropolitan Sessions Judge, Vijayawada, is ordered to be suspended, till the disposal of the Criminal Appeal. They shall be released on bail subject to the petitioner furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two local sureties for the like sum each to the satisfaction of the Court of the Judicial Metropolitan Sessions Judge, Vijayawada, Andhra Pradesh. If the petitioners have any passport, they shall deposit the same before the trial Court. It is made clear that the petitioners shall attend before the said Court on Monday in the first week of every month between 10.30 am to 05.00 pm, pending the appeal, and if the same is not adhered to, the concerned Court is directed to inform the same to this Court for passing necessary order for cancellation of the bail.

________ VJP,J Note: Issue CC today.

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