Mathangi Bharath vs The State Of Andhra Pradesh
2023 Latest Caselaw 2092 AP

   HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Main Case No. CRL.A. No.305 OF 2023

                    PROCEEDING SHEET
Sl.     DATE                   ORDER                                 OFFICE
No.                                                                   NOTE

      17.04.2023   BSB, J
                                  I.A.No.1 of 2023

                         This is an application to condone
                   delay of (97) days in filing the appeal
                   against the judgment, dated 07.11.2022,
                   passed in S.C.No.574 of 2022 on the file
                   of the Court of Special Judge for trial of
                   offences under the Protection of Children
                   from Sexual Offences under the Protection
                   of Children from Sexual Offences Act
                   (POCSO) Act, Guntur.
                         Heard     learned    counsel    for   the
                   petitioner and perused the affidavit filed in
                   support of the petition.
                         For    the   reasons   stated    in   the
                   affidavit, delay of (97) days in preferring
                   the appeal is condoned.
                         Accordingly, the petition is allowed.
                                         ________________
                                         B.S.BHANUMATHI, J

                               CRL.A. No.305 of 2023

                         Admit.
                         Post after four weeks.
                                         ________________
                                         B.S.BHANUMATHI, J
                           -2-

                                                                BSB, J
                                                    Crl.A.No.305_2023



17.04.2023
                           I.A. No.2 of 2023
 (contn..)
                   This interlocutory application is filed
             by the petitioner/accused in S.C. No.574
             of 2022 on the file of the Court of Special
             Judge for trial of offences under the
             Protection    of   Children   from           Sexual
             Offences under the Protection of Children
             from Sexual Offences Act (POCSO) Act,
             Guntur, seeking to suspend the sentence
             passed in judgment, dated 07.11.2022,
             and to enlarge the petitioner on bail
             pending disposal of the criminal appeal.
                   The    petitioner/accused         is    found
             guilty for the offences under Sections 354
             (D) and 506 Part II IPC and Section 12 of
             the POCSO Act and sentenced to undergo
             rigorous imprisonment for three years and
             to pay a fine of Rs.1,000/- in default to
             undergo simple imprisonment for 15 days.
             The    petitioner/accused         is         further
             sentenced to undergo imprisonment for
             five years and to pay a fine of Rs.1,000/-
             in default to undergo simple imprisonment
             for (15) days for the offence punishable
             under Section 506 Part II IPC.
                   Heard the learned counsel for the
             petitioner/accused     and    the            learned
             Assistant Public Prosecutor appearing for
             the respondent/State.

BSB, J Crl.A.No.305_2023

17.04.2023 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 under the Protection of Children from Sexual Offences under the Protection of Children from Sexual Offences Act (POCSO) Act, Guntur, and on further condition that the petitioner shall appear before the Station House Officer, Tenali II Town Police Station, on 1st Sunday of every month until further orders.

________________ B.S.BHANUMATHI, J RAR

BSB, J Crl.A.No.305_2023