Pasagadug.Venkatramana Ramana, ... vs The State Of Andhra Pradesh, Rep ...
2023 Latest Caselaw 1836 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl.A.No. 769 OF 2017

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE 10.04.2023 VJP,J I.A.No.1 OF 2022 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 petitioner on bail.

Main Criminal Appeal came to be preferred by the petitioner against the judgment dated 09.12.2016 passed by the Court of the learned I Additional Sessions Judge-cum-Special Sessions Judge-cum- Special Judge for trial of the cases under Narcotic Drugs and Psychotropic Substance Act, East Godavari District, Rajahmundry. By way of the said judgment, the learned Sessions Judge convicted the petitioner herein for the offence punishable under Section 8 (c) r/w 20

(b) (ii) (C) of N.D.P.S Act and sentenced him 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.

Learned counsel for the petitioner submits that the petitioner has been in judicial custody for more than 6 years five months. He further SL. DATE ORDER OFFICE NO. NOTE submits that the petitioner has good grounds to succeed in the appeal and therefore, he seeks suspension of sentence and also release of the petitioner on bail pending the appeal.

Learned Public Prosecutor filed Written Instructions to the effect that the petitioner's conduct in the jail is satisfactory and the petitioner has been in judicial custody since 6 years five months.

As seen from the record, the petitioner has been in judicial custody for the last 6 years 5 months and the trial Court record is not yet received and paper book is also 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 petitioner in NDPS SC No.35 of 2013 by the Court of the learned I Additional Sessions Judge-cum-Special Sessions Judge- cum- Special Judge for trial of the cases under Narcotic Drugs and Psychotropic Substance Act, East Godavari District, Rajahmundry, is ordered to be suspended, till the disposal of the Criminal Appeal. He shall be released on bail subject to the petitioner furnishing a personal bond of Rs.25,000/- (Rupees Twenty SL. DATE ORDER OFFICE NO. NOTE Five Thousand only) with two sureties for the like sum each to the satisfaction of the Court of the learned I Additional Sessions Judge- cum-Special Sessions Judge-cum- Special Judge for trial of the cases under Narcotic Drugs and Psychotropic Substance Act, East Godavari District, Rajahmundry. If the petitioner has any passport, he shall deposit the same before the trial Court. It is made clear that the petitioner 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.

B/o eha