Ganireddy Kumar vs The State Of Andhra Pradesh
2023 Latest Caselaw 6041 AP

Andhra Pradesh High Court - Amravati

Ganireddy Kumar vs The State Of Andhra Pradesh on 13 December, 2023

Author: K Suresh Reddy

Bench: K Suresh Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI MAIN CASE No.Crl.A.No.2692 of 2018 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

05. 13.12.2023 KSR,J I.A.No.1 of 2018

For the reasons stated in the affidavit filed in support of this application, delay of 71 days in presenting the Criminal Appeal is hereby condoned.

Crl.A.No.2692 of 2018

Admit.

I.A.No.1 of 2023

The petitioner/appellant has been convicted for the offence under Section 376 (F) IPC by way of impugned judgment and sentenced him to undergo Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs.1,000/-, in default to suffer S.I for a period of three months. The judgment was pronounced on 01.06.2018 and immediately, the petitioner/appellant was taken into custody and he is undergoing imprisonment in Central Prison, Visakhapatnam.

2. The learned counsel for the petitioner contends that the petitioner has already

served a major portion of sentence i.e., 7 years, 2 months and one (01) day. As such, he requested this Court to enlarge the petitioner on bail. He further states that the fine amount imposed by the Court below has already paid and he annexed the receipt of payment of fine amount along with the Appeal.

3. On the other hand, the learned Assistant Public Prosecutor has produced the nominal roll of the petitioner/appellant issued by the Superintendent of Jail, Central Prison, Visakhapatnam. As per the nominal roll, the total sentence undergone by the appellant is shown as 7 years, two months and one day.

4. In view of the above facts and circumstances, as the petitioner has already served more than 7 years of imprisonment, this Court is inclined to enlarge the petitioner/appellant on bail on his executing a personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned III Metropolitan Magistrate, Visakhapatnam.

5. Accordingly, this application is disposed of.

_____________________ K SURESH REDDY,J RSI/TSNR