Shaik Mohammed Rafi vs The State Of Andhra Pradesh
2023 Latest Caselaw 2091 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Main Case No :     CRL.A. No.310 OF 2023

                    PROCEEDING SHEET
Sl.     DATE                   ORDER                                    OFFICE
No.                                                                      NOTE

1.    19.04.2023   BSB, J
                                I.A. No.1 of 2023
                        This interlocutory application is filed
                   by the petitioner/accused in S.C. No.219
                   of 2019 on the file of the Court of Special
                   Judge for trial of offences against Women-
                   cum-VII Additional District and Sessions
                   Judge, Kurnool, seeking to suspend the
                   sentence    passed   in    judgment,       dated
                   04.04.2023, and to enlarge the petitioner
                   on bail pending disposal of the criminal
                   appeal.
                        The    petitioner/accused      is     found
                   guilty for the offences under Sections 448
                   and 376 r/w 511 IPC and sentenced to
                   undergo rigorous imprisonment for three
                   and half (03 ½) years and to pay a fine of
                   Rs.10,000/- in default to undergo simple
                   imprisonment   for   one    month        for   the
                   offence punishable under Section 376 r/w
                   511 IPC. The petitioner/accused is further
                   sentenced      to     undergo            rigorous
                   imprisonment for six months and to pay a
                   fine of Rs.1,000/- in default to undergo
                   simple imprisonment for (15) days for the
                           -2-

                                                               BSB, J
                                                   Crl.A.No.310_2023

19.04.2023   offence punishable under Section 448 IPC.
 (contd..)

                   Heard the learned counsel for the
             petitioner/accused and the learned Special
             Assistant Public Prosecutor appearing for
             the respondent/State.

Learned counsel for the petitioner submits that in view of the grounds urged in the appeal, the petitioner has got fair chances of success in the appeal. It is further submitted that the petitioner is confined in jail.

Having regard to the facts & submissions and the issues raised in the grounds of appeal, which requires a detailed examination, the execution of sentence passed against the petitioner/ accused is suspended, pending final disposal of the appeal and the petitioner is directed to be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge for trial of offences against Women-cum-VII Additional District & Sessions Judge, Kurnool, and on further condition that the petitioner shall appear before the Station House Officer,

BSB, J Crl.A.No.310_2023

19.04.2023 Nandivargam Police Station, on 1st Sunday (contd..) of every month until further orders.

________________ B.S.BHANUMATHI, J

CRL.A. No.310 of 2023

Admit.

Post after four (04) weeks.

________________ B.S.BHANUMATHI, J

SAB