Andhra Pradesh High Court - Amravati
Gollavilli Nageswara Rao vs The State Of Andhra Pradesh on 23 February, 2023
a
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI:
THURSDAY, THE TWENTY THING DAY OF FEBRUARY
TWO THOUSAND AND TWENTY THREE
PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY"
iA No. 2 OF 2022
i ae
CRLA NO: 168 OF aoe a
Rebween: ya
oe lavili Nageswara Rac, Sfo G.Demud, aged about 33 years, fo Ballapudi
wilage, Cheedikada Mandal, Visakhapainam District.
..Patitioneri&apellant
AND
The Stale of Andhra Pradesh, through Directorate of Senior Intelligance,
\iSyawada rep. by ds Public Fr osecutor, H igh Court at Amar avail.
_.Respondent/Respondent
Patifion under Section 389¢43 of GrPC praying that In the circumstanoss
slaied in ihe memorandum of grounds fled | in Cri na Appeal, the High Court may
be pleased to enlarge the Oo fonerappeliar bon ball by Suspending the sentence
imposed in NDPS. SC 78/2018 at 24-12-2n 3 on . [email protected] He of the Addl Sessions
Judge, East Godavan iste ct at Rajamehniravaram, pending disposal of
GRLA No. 188 of 2022, on the file of the HI ah Ceti.
The petition co ne & on for hearing, upon perusing the Petition and the
memorandum of grounds A support the cot and upan hearing the arguments of
Sri K Rridhvi Raiu, Advowate for the Pattioner and of Public Prosecti tor far the
Respondent, the Court made the following:
ORDER: -
"Learned [ Additional Sessions Judges Ralamahendravaram, vide judgment
dated 31.12.2021, passed in NDPS Sessions Case No.78 of 2018, found
petiNonerappellant herein/A-1 guilty of the offence punishable uncer Section 8fc}
read with 20(D}INC) of the NDPS Act, 1985 and sentenced him to suffer rigarous
imprisonment for a period of ten (10) years and to pay a fine of Rs.1,00,000/., in
default to suffer simple imprisanment for a period of ane year.
Against the sald cariviction and sentence, the petitioner/appellant hereinfA-t
preferreci the preserit Criminal Appeal.
The petitioner/Appellant herein/A-1 fled IA No.2 of 2022 seeking to enlarge
him on ball by suspending the sentence impased in NDPS SC No.?8 of 2018, dated
S12.12.2021, by the learned I Additional Sessions Jucige, East Godavari districh at
Rajamahendravaram, pending disposal of the Criminal Appeal.
if js subrnitted by the learn for the petitionerfApnelilant herein/A-1
diclal custody since LQT1L 2019 and he
rgone mors than 4 V2 years of sentence and on the sald ground
netitioner/appellant ig entitted for bell Me relied] on a decision repartes] in Mossa
Koya KP y. State (NCT of Delhi) (80), (S08 2(1} Crimes 113}, wherein ihe
ws
ol
Hon'ble Apex Court observed as follows.
"Fhe Single Ju dge also observed that in Mohd. Arif alas Guddu
vy. Stats NCT of Beli, CrLA.293 of 2017, arder dated 19 May
2020, the High Court of Delhi has taken the view that where the
convict is sentenced for ten en years for r having in his KONSCINUS POSSE assign
&@ commercial quantity y the contraband, be shall be entited to ball
after undergoing a total sentence of four years which must include
wae
isast fifteen months after conviction."
Sr Suresh Kumar Routhu, Learned Senidr St anding Counsel for CHrectorate of
senior Intelligence, VAayawada, has strenuously opposed "for grant of ball, He refied
upon a judgment of Ratan Kumar Vishwas wv. State of UP,
(Manu /SC/8237 (2008) and contended that a sentence awarded under the Act
can be suspended by the Appellate Court only and stricly subject to the conaitions
as spelt out In Section SY of the Act.
Heard. Perused the recore,
Admittedly, the petitionerfape erein has been in judicial custody since
iO.iL2017. In view of the orincigle laki dawn In Mohd. Arif alias Guddu y. State
NCT of Delhi, GYL.A.293 of S017, arder dated 19 May 2025, since fhe
netitioner/appefiant hereinfA-1 has undergone the sentence of more than four (4)
years, which Incluces more than three (3) years pursuant to the coriviction, this
Court is of the view that the case of the setitianer can be considered for grant o
bail, TE is aise pertinent to mention here that the present Crintinal Appeal is of the
as
year 2023 and as of now the Criminal Appeals pertaining to the year 2Uig are
coming uo far hearl ing and there is no chance of the present Criminal Appeal coming
ug for final hearing fn the near Futurs.
In view of the aforesaid facts and Geeurfistances of the case, the sentence of
Mprsanment alone j S SUSDENCEd, panding isposal of the Crminat Apes], ard the
pebtoner herein shall be enlarged on dail an his SxGCVUENG @ personal bond for a
SUM OF Rs. 25,000/- {Rupees Twenty five TRousand only) with aye sureties for a like
SUM each to the satisfaction of the learned 7 Additional Sessions Judge, East
Godavari at Rajamahendravaram. After release, the petiioner hersin shalf report
before the Station House Officer concerned Once ing MOMA Le. on the 1° Sunday of
every month, between 10.00 AM « @nc D1.00 PM. AH i disposal of the oresent Criminal
Appeal. The petitions er/anpellant herein is &ISQ cirected to appear before this Court
om
when the case comes Up for heating," -
JTRUE COPYy a. 7
For A SECT! ION ORR IGE
Ta,
wef The i Add! Sessions Judge, Exst Qodayan District af Ral samenndraveram.
2. The Superintendent, Central Prison, Raia iahendravaram, East ¢ Sodavari Cat
o"SerOne CC fo Sh K Prony) i Raju, Advocate fOPUCT
"4. we OC to Public Prasay ecutor, Nigh Court of AP OUT]
a "One Spare copy.
MSE
NIGH COURT
SRK LJ
DATED 2H ROR8
SAIL ORDER
iA NO. OF 2082
iN
CRLA.No. 168 of 2022
ALLOWED
