Andhra Pradesh High Court - Amravati
M.Alamuri Srinivasulu And ... vs The State Of A.P., on 28 February, 2023
IN THE HIGH COURT OF ANOMRA PRADESH AT AMARAYA'
TRESOAY, THE TWENTY EIGHTH DAY OF FEBRUARY *.
TWO THOUSAND AND TWENTY THREE
PRESENT:
TRE HONQURABLE SRI JUSTICE AV SESNA SAi
AND
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMA! PRATAPA
iA No. 1 OF 2023
iN
GCRLA NO: 'O8 OF 2018
Between:
1. Medari Alamuri Srinvasulu, S/o. Pedda Salanna, Aged about 28 years, Ryo.
Kondampall village, Narmniet of Bachupalli, Alagadda Mandal, Kurnool District.
=. Madar Alamurl Nagaish, S'o. Pecda Balanna, Aged about 23 years,
Ro. Kondampalll Vilage, Hin. Bachupalll, Alagadda Mandal, Surmool District.
appeianisiAl & Ag
iAnpsiants in ORLA 7O8 OF 2048
on the Me of High Court}
AND
The State of Andhra Pradesh, rep. by the Public Prosecutor, High Court of
Andhra Pradesh af Arnaravall,
OS HONS
iReapandant in-da-}
Fettion under Secfions 389(1) & 482 of CrP.o praying that in the
circumstances siated in the Mernorandurn of grounds flied in support of the Criminal
Petition, the High Court may be pleased fo release the petitioners an ball pending
fhe disposal of the Criminal Apoeal Ne. FOS of S079 preferred before this Hon'ble
court against the Judgment in S.C. NOG 459 of SO°5 on the fle of If additional
Sessions dudge, Kurnool af Nandyal, at 22-11-2077, Pending disposal of
GRLA No. 708 of 2078, on the fle of the High Court,
Gourneel for the Petitioners 'SRT ¥ JAGGI REDDY
Counsel for the Ressondant "PUBLIC PROSECUTOR [AP}
The Court made the following
ORDER:
Heard Sri TA. Jagat Reddy, isarned esunsel for the
petitionsrsianpellants and Sri Anand Kumar Kochiti, learned Assistant Public
Prosecutar for the Respondent-State.
This is an apotication icc under Section 3847) of ins Criminal
Procedure Coda, with a prayer fe release the gefitionars/appeliants of ball
pending diaposal of the Cr. A. No. FOS af 2678.
The learned § AddRional Seasions Judge, Kurnool at Nandyal, wide
Judgment dated 23.17.2077 convicted tie pefitioners- accused Nas. ike far the
offences under Section 204, JO? react with 34.2.0. and algo Section 344 LPG...
and sentenced them to undergo ive impriganment.
As against the said conviction and sentence, the present Criminal
Appeal came fo be preferred.
it ix submitted by the learned counsel for the petitionersfappeliants that
in view of the ratio laid dawn by the Camposite High Court of Andhra Pradesh
in Safehu Rangerae Vs., State of Andhre Pradesh (2078/9) ALT fGriminal) 508
fAPS}), the netitionereiappellants herein are antitied to be enlarged an ball.
Admitiedly, the patitionersiappellants nave completed five (05) years
genied of sentence. The inatructions furnighed by the Superintendent of Jails,
Cantral Prison, Radapa, are glaced on record by the learned Asgistant Public
Preascuter. The said inetructions eineary show that ihe eanduct of the
peitioners/appellants ig satisfactory. HK is also not in dispute fhat the
getitionersiappsiiants do net fall within the excepiians as provided In the
Judgment mentioned Supra.
For the aforesaid reasans, the application is allowed, directing
enlargement of the patitioners/appellants on bali on their executing personal
nord of Re.80,000/- (Rupess Fty Thousand only} each with two sureties for
the {ike sum seach to the satisfaction of the learned Judicial Magistrate of Firat
Class, Allagadda, Kurnool District. Om such release, they shall appear before
the said Court once on any date in the Aret week of every month Uf the
disposal of the Criminal Appeal, failing which fhe learned Magistrate shall
submit a repertio thie Court. K ig also made clear that In the avent of
vielation of conditions stipulated above, % is open for the lsarned Pullic
Prosecutor to bring the same fo the notices of this Court. His also made clear
that the petitionsrs/appellants ahail be present before Ihis Court at the time of
hearing of the Criminal Appesl --
NB
vy + Po > :
Sai G. SRINIVAS REOOY
& MIE a REE Mon, n
ASSISTANT REGISTRAR
PTRUE CORNY
For! SECTION OFFICER
Tx,
4. The Judicial Magistrate af Firat Class, Alagadda
% The i Additional Sessions Judge, Kurnool at Nandyal
3, The Superintendent, Sentral Prison, Kadane
& One CC to SRL TV JAGGI REOOY Advocate FOPUIC)
§ One CC to SRI PUBLIC PROSECUTOR (AP) Advocate [OPUC]
8. Two spare copies
"ey
'et
Lr
We
HIGH OOURT
AVSS,) & VIP,J
DATED Seg 2023
BAIL ORDER
iA No. 1 OF 2028
iN
GRLA NOx 708 OF 2078
ALLOWED
