Andhra Pradesh High Court - Amravati
Ganji Nageswara Rao Nagu vs The State Of A.P., on 26 April, 2023
Bench: A V Sai, T Mallikarjuna Rao
[3356]
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT'
WEDNESDAY, THE TWENTY SIXTH DAY OF APRIL
TWO THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JuSTICE A V SESHA SAI
AND
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA\O
IANo.1 OF2023
IN
CRLA NO: 792 OF 2018
Betwee n :
Ganji Nageswara Rao @ Nagu, R/o.Sambara Village, Kakkuva MandaI,
Vizianagaram District.
...AppII-Cant/Accused No.5
AND
The State of Andhra Pradesh, .re_p.`iby the public prosecutor, High Court of
Judl'cature at Hyderabad, Hyderabad-for the state of Telangana and the state of
A __ ||
Andhrapradesh
9 :r-J---I-` f` I-|Respondent/Complajnant
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petition under section 389(1),y'6f_ Cr.P.C is filed praying that Ion the
circumstances stated in the memofandum of grounds filed in support of the petl'tl-on,
the High Court may be pleased to suspend the execution of the sentence of
imprisonment l'mposed on the petitioiner in sc 49/2015 dated 14-02-2018 on the file
of the court of lI Additional sessions judge at parvathipuram, vizianagaram dl'vision
and direct to release the petitioner|,ton bail pendI-ng Crl.a. 792/2018 before this
Honble court, pending disposal of CRLA No. 792 of 2018, on the fI-Ie of the High
Court-
Counsel for the Petitioner : SRI T NAGARJUNA REDDY
Counsel for the Respondent .I PUBLIC PROSECUTOR (AP)
.c`r` a . tT\-I
ORDER: -`l¥ ft`:`j-3`
''ThI-S iS an applI-CatiOn, filed 'un-der section 389(1) of the Code of
Criminal procedure, seeking bail.
Main CrI-minal Appeal camel tot be preferred by the petitioner-Accused
No.5 against the judgment dated 14.`02.2018 in Sessions Case No.49 of 2016 on'
i
the fI-Ie of the court of the learned,llrAdditional sessions Judge, Parvatipuram'
By way of the saI-d judgment, the l`eai*ed Additional sessions Judge convicfed
I. .
the petitioner for the offence punishable under section 120-B I/w 34 lPC and
sentenced to suffer rigorous impris,quTent for five years and tO Pay fine Of
Rs.1O,OOO/-and in default to suffer ,rig9rduS imprisonment for a period of sixl
months and also sentenced to suffer``§irTIPIe imprisonment for a period of one,
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month for the offence punishable under Section 341 read with 34 lPC. The
learned Judge also convicted the petitioner for the Offence Punishable under
section Ji`'| 302 r/W
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34 IPC and sentenced to suffer rig9rOIJS imprisonment for life and tO Pay fine
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of Rs.50,000/-and in default to su'ffer rigorous imprisonment for a Period Of
nine months. The learned Judge als6~convicted the petitioner for the offence
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punishable under section 404 I/w 34 lPC and sentenced him to suffer rigorous
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imprisonment for a period of three years<a-nd to pay fine of Rs.5,000/-and in
default to suffer rigorous imprjsonm6ht far three months. \ ---\
ln this application, the petition`;rig seeking bail by placing reliance on
the judgment of the composite High Court of Andhra Pradesh in the case of
Batchu Rangarao and ors., Vs., Stai6{Lo6f Andhra Pradesh reported -ln [2016(3,
ALT (Criminal) 505 (AP)I. In the -S'iin judgment, the court laid down the
following guidelines, while considerihg the bail applications of the present
:'` }.
nature: _I -
"(1) A person who is convict_€i:io;`Iife and whose appeal is pending a+
before this Court is entitled`to :¢pp:.Iy for bail after he has undergone a
minimum of five years impri€b_nfr±ht following his conviction;
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-sirbject
(2) Grantto ofhisbail
goodin conduct
favour in.`ap§+.jail, as reported
bi parsons failing in (1) by the respective
supra shall be `
Jail Superintendents,a
(3) In the following categori,?s.. pf.`cases, the convicts will not be
entitled to be released on bait -deShi`ti6 their satisfying the criteria -ln (1)
and (2) supra.-
The offences relating to rape c6dpled with murder of minor ch-IIdren
dacoity, murder for gain, kidheining for ransom, killing of the public
servants, the offenc6s falling-i.i,hde.r the National Security Act a-nd the
offences pertaining to narcotic
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(4) While granting bail, the:tvro'T_:-.3®[[®wing conditions apart from usual
conditions have io be imposed,,`vilz.¢,4,(1) the appeIIants-on bail must be
present before the court at` the:'time of hearing of the criminal
Appeals; and (2) they must iePio`rfe-in:`the respective Police Stations
once in a month during the bail:b6_rj¢d;i_I
i(v .
Instructions furnished by the jailrsuperjntendent are placed on record
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by the learned public prosecuto+.r~,AL6rc~~o'rding to the said instructions, the
conduct of the petitioner is satisfacto`ry and he has completed more than five
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years of actual sentence. lt is not-the``case of the prosecution that the instant
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case falls under the exceptions as' m\6ntioned in the aforesaid decision.
'':+Application is allowed, directing
For the aforesaid reasch'§;I
I
enlargement of the petitioner om.-b sftybject to the petitioner furnishing a
personal bond of Rs.20,000/- (RuP+iJSi`.,,J`.Twenty Thousands only) with two
sureties for the like sum each to the satisfaction of the learned Judicial
Magistrate of First class, Sa]ur, Vizitdbaga[am District. ]t is made clear that the
petitioner shall attend before the saLid`.'Court on one day in the first week of
every month, pending appeal and `if`,`th.e ,same is not adhered to, the same be
brought to the notice of this court fop passing necessary order for cancellation
of bail. [t is further made clear that.at the time of hearing the appeal, the
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petitioner shall be present before this.Court."
I_ :-i=-£,}`.
sd/-P'. VINOD KUMAR
;{,*L)I -`',l`, {-i
ASSISTANT R GISTRAR
•' .,+
'OPYII
I SECTION OFFICER
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To'1. The Judicial Magistrate of First Ct'a-;J§l'' salur, vizianagaram District.
2. The 'l Additional Sessions judgJeat parvathipuram, vizianagaram
division. :.,` i,:,.-_
3. The Superintendent, Central_ Prison, Visakhapatnam.
4. One CC to SRl. T NAGARJuNA REDDYAdvocate [OPUC]
5. Two cos to PUBLIC PROSEC.'uTb`R (AP), High Court ofAndhra Pradesh.
[OUT]
6. Two spare copies.
ER
f='-
HIGH COURT
AVSSJ
&
TMRJ
DATED:26/04/2023
BAIL ORDER
lA NO.1 OF 2023
IN
CRLA.No.792 of 2018
ALLOWED
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