Kothem Nooka Raju vs The State Of Andhra Pradesh
2023 Latest Caselaw 6075 AP

Andhra Pradesh High Court - Amravati

Kothem Nooka Raju vs The State Of Andhra Pradesh on 14 December, 2023

Author: K.Suresh Reddy

Bench: K Suresh Reddy

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                        CRIMINAL APPEAL No. 3171 OF 2018
S.No.    DATE                                   ORDER                                      OFFICE
                                                                                            NOTE
 04.    14.12.23 KSR, J.                                                                   T
                                          I.A.No. 1 OF 2019
                       The petitioner is accused No. 5 in NDPS SC No. 161 of 2016
                 on the file of the Court of learned Special Sessions Judge for Trial of
                 the Cases under the NDPS Act - cum - I Additional Sessions Judge,
                 East Godavari District at Rajahmundry (for short, 'the Court below').
                 Accused Nos. 1 to 4 and the petitioner were tried and convicted by
                 the Court below by judgment dated 28-06-2018 for the offence
                 punishable under Section 8 (c) read with Section 20 (b) (ii) (C) of
                 the NDPS Act.     The petitioner-accused No. 5 has been serving
                 sentence of imprisonment in Central Jail, Rajahmundry.
                 2.    Learned counsel for the petitioner-accused No. 5 submits that
                 accused Nos. 1 to 4 were already enlarged on bail by this Court and
                 that the petitioner-accused No. 5 already served substantial part of
                 sentence i.e. seven years seven months and 25 days including the
                 remand period and therefore requests this Court to enlarge the
                 petitioner-accused No. 5 on bail.
                 3.    Learned Assistant Public Prosecutor did not dispute the
                 factum of granting bail to accused Nos. 1 to 4.
                 4.    In that view of the matter, this Court is inclined to enlarge
                 the petitioner-accused No. 5 on bail.
                 5.    Accordingly, pending disposal of the criminal appeal, sentence
                 of imprisonment alone is set aside and the petitioner-accused No. 5
                 is ordered to be enlarged on bail on his executing a personal bond
                 for Rs.20,000/- with two sureties for the like sum each to the
                 satisfaction of learned Special Sessions Judge for Trial of the Cases
                 under the NDPS Act - cum - I Additional Sessions Judge, East
                                            2

S.No.   DATE                                   ORDER                            OFFICE
                                                                                 NOTE
               Godavari District at Rajahmundry.
               6.    The application is allowed.


                                                         _________________
                                                          K.SURESH REDDY, J.

CRIMINAL APPEAL No. 3171 OF 2018 Post the appeal along with Criminal Appeal Nos. 2221 and 3014 of 2018 and 721 of 2019 in usual course.

_________________ K.SURESH REDDY, J.