Thuopulavari Balaji, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5978 AP

Andhra Pradesh High Court - Amravati

Thuopulavari Balaji, vs The State Of Andhra Pradesh, on 11 December, 2023

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      MAIN CASE No. Crl.R.C.No.1148 of 2023

                         PROCEEDING SHEET
Sl.   DATE                        ORDER                                      OFFICE
No.                                                                           NOTE
 1.

   11.12.2023    TMR, J
                                       I.A.No.1 of 2023

Dispensed with for the present.

Crl.R.C.No.1148 of 2023

Heard.

Admit.

Notice.

Post after four (04) weeks.

I.A.No.2 of 2023

This is an application filed by the petitioner seeking to suspend the execution of sentence passed in the judgment of conviction in C.C.No.463 of 2018 dated 05.07.2019 on the file of the Court of IV Additional Judicial Magistrate of First Class, Chittoor, as confirmed in the judgment dated 05.12.2023 in Crl.A.No.199 of 2019 by the learned VIII Additional District and Sessions Judge, Chittoor, and release the petitioner on bail, pending disposal of the Criminal Revision Case.

Learned counsel for the petitioner submits that the petitioner was convicted in C.C.No.463 of 2018 dated 05.07.2019 and sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 326 of the Indian Penal Code, 1860 (for short "I.P.C.) and to pay a fine of Rs.2,000/-. The petitioner was also sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 506 of I.P.C. In default of payment of fine amount, he shall suffer imprisonment for three months. The petitioner / accused has paid the fine amount in Crl.M.P.No.189 of 2019. In the appeal, the learned VIII Additional District and Sessions Judge, Chittoor by judgment dated 05.12.2023 in Crl.A.No.199 of 2019, confirmed the conviction and sentence passed by the trial Court.

Heard. Perused the material record.

Learned counsel for the petitioner submits that the petitioner has been in jail from the date of pronouncement of the judgment by the appellate Court and in view of the grounds urged in the revision, the petitioner has got fair chances of success in the revision.

Having regard to the facts and submissions and the issues raised in the grounds of revision, which require detailed examination, the substantive sentence of imprisonment alone imposed against the petitioner is suspended, pending final disposal of the revision, and the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Judicial Magistrate of First Class, Chittoor.

_______ TMR, J ARR