Andhra Pradesh High Court - Amravati
This Criminal Revision Case Is ... vs Unknown on 13 April, 2023
1
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL REVISION CASE NO.293 of 2023
ORDER :
This Criminal Revision Case is preferred by the
petitioner/accused No.1 to set aside the order, dated
15.3.2023 in Crl.M.P.No.2 of 2023 in Criminal Appeal
No.49 of 2023 on the file of the Court of VI Additional
District and Sessions Judge, Nellore, SPSR Nellore
District.
2. The learned I Additional Assistant Sessions Judge,
Nellore, by its judgment, dated 01.3.2023 in S.C.No.98 of
2018, convicted the petitioner/A1 for the offence
punishable under Section 498-A IPC and she is
sentenced to undergo Rigorous imprisonment for a
period of three years and also to pay a fine of Rs.2,000/-,
in default of payment of fine amount, she is sentenced to
undergo simple imprisonment of three months. She is
further sentenced to undergo Rigorous Imprisonment
for a period of five (5) years and also to pay fine of
Rs.5,000/- for the offence punishable under Section 307
of IPC in default of payment of fine amount, she is
sentenced to undergo simple imprisonment of three
months. A1 is also sentenced to undergo Rigorous
imprisonment for a period of five years and also pay fine
of Rs.3,000/- for the offence punishable under Section
315 IPC, in default of payment of fine amount, she shall
undergo simple imprisonment for a period of three
months. All the sentences referred are ordered to run
concurrently.
3. Against the said conviction and sentence, the
petitioner herein Crl.A.No.49 of 2023 on the file of the VI
Additional District and Sessions Judge, Nellore and
made Crl.M.P.No.2 of 2023 therein, seeking suspension
of sentence. The learned Sessions Judge, vide order
dated 15.3.2023, in Crl.M.P.No.2 of 2023 in Criminal
Appeal No.49 of 2023, dismissed the said petition
stating that having regard to the gravity and nature of
the offence against the petitioner, it is not inclined to
suspend the sentence and to the petitioner.
4. Learned counsel for the petitioner submits that
except stating the above said fact there is no is no other
reason given by the Appellate Court in refusing to grant
bail to the petitioner, by suspending the sentence.
5. It is needless to mention here that when a
statutory appeal has been filed, it will take considerable
time to come up for hearing. The entire record from the
trial Court has to be transmitted to the Appellate Court.
It is pertinent to note that hearing of the Criminal Appeal
would not come up, for hearing, in the near future.
6. In view of the aforesaid facts and circumstances of
the case, Criminal Revision Case is allowed, setting aside
the order dated 15.3.2023 in Crl.M.P.No.2 of 2023 in
Criminal Appeal No.49 of 2023 on the file of the Court of
the VI Additional District and Sessions Judge, Nellore,
SPSR Nellore District. Consequently, Crl.M.P.No.2 of
2023 in Criminal Appeal No.49 of 2023, on the file of the
Court of VI Additional District and Sessions Judge,
Nellore, SPSR Nellore District, stands allowed. Sentence
of imprisonment imposed by the trial Court against the
petitioner/A1 alone is suspended pending disposal of the
Criminal Appeal No.49 of 2023 on the file of the Court of
VI Additional District and Sessions Judge, Nellore, SPSR
Nellore District. The petitioner shall be enlarged on bail
on her executing a personal bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two
sureties for the like sum each to the satisfaction of the
Special Judicial Magistrate of First Class for Railways,
Nellore.
As a sequel, all the pending miscellaneous
applications shall stand closed.
___________________________
K. SREENIVASA REDDY,J
Date:13.4.2023
Issue C.C. today
B/o GR
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL REVISION CASE NO.293 of 2023
Date: 13.4.2023
GR
