Saripalli Nookaraju vs The State Of Andhra Pradesh
2023 Latest Caselaw 5748 AP

Andhra Pradesh High Court - Amravati

Saripalli Nookaraju vs The State Of Andhra Pradesh on 1 December, 2023

Author: K Suresh Reddy

Bench: K Suresh Reddy

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: Crl.A.No.2487 of 2018

PROCEEDINGS SHEET Sl. DATE ORDER OFFICE No. NOTE

19. 01.12.2023 KSR,J

I.A.No.2 of 2019

The present application is filed by the petitioner/appellant/A3, seeking his release on bail, pending criminal appeal No.2487 of 2018. The learned counsel for the petitioner states that petitioner along with A1 and A2 was tried by the learned Special Judge to try offences under N.D.P.S Act-cum-I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Visakhapatnam for the offence under Section 8 (c) r/w, 20(b) (ii) (C) and Section 25 of the NDPS Act. After completion of trial, the learned Sessions Judge, convicted A3 under Sections 8(c) r/w, 20(b) (ii) (C) and Section 25 of the NDPS Act, sentenced him to undergo rigorous imprisonment for a period of 14 years and also to pay a fine of Rs.1,00,000 (Rupees One Lakh Only). The Judgment was pronounced on 27.08.2018 and immediately, he was taken into custody and presently he has been undergoing imprisonment in Central Jail, Visakhapatnam. The learned counsel for the petitioner submits that his earlier application seeking for bail pending criminal appeal, was dismissed by this Court.

Now, he contends that the petitioner has already served more than six (6) years of sentence, as such he requests this Court to enlarge the petitioner on bail. In support of his contention, he places reliance on Judgment of Hon'ble Supreme Court in Mossa Koya KP Vs. State (NCT of Delhi) dated 06.12.20211.

            2021 LawSuit(SC) 1072
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On the other hand, the learned Assistant Public Prosecutor, on instructions, produced the nominal role of the petitioner. According to the said nominal role, petitioner has already undergone total sentence of six (6) years seven (7) months and eighteen (18) days.

In view of the Judgment of the Hon'ble Supreme Court and that the petitioner has already served more than six (6) years of imprisonment, this Court inclines to enlarge the petitioner on bail, pending criminal appeal, before this Court. Accordingly, pending criminal appeal, the petitioner is ordered to be released on bail on his furnishing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge to try offences under N.D.P.S Act-cum-I Additional District and Sessions Judge-cum- Metropolitan Sessions Judge, Visakhapatnam.

Accordingly, IA No.2 of 2019 is ordered.

________________ K. SURESH REDDY, J

RSD