Rajeti Rama Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 1168 AP

Citation : 2023 Latest Caselaw 1168 AP
Judgement Date : 28 February, 2023

Andhra Pradesh High Court - Amravati

Rajeti Rama Rao vs The State Of Andhra Pradesh on 28 February, 2023

. Between:

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA

TUESDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY THREE
| PRESENT:
THE HONOURABLE SRi JUSTICE A V SESHA SAI
AND
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
JA No. 1 OF 2023
| IN
ORLA NO: 1718 OF 2018

Rajeti Rarna Rao, S/o. late Ramu, Hindu, aged about 43 years, Worked as a Cook in

_. Venkateswara hotel, ByPass Road, Pudimadaka Junction, Anakapalll, Ryo.

Rucrapaiem Vilage, Bondapalli mandal, Vicianagaram District.
.. Pettioner/Apreliant

(Prisoner No.4855, Central Prison, Visakhapatnam)
 (Patitioner in ORLA 1718 OF 2078
an the file of High Court

AND

The State of Andhra Pradesh, Rep by Inspector of Police, Anakapalll Town P.S.,
Rep by Public Prosecutor, High Court of Andhra Pradesh, Amaravaih.

_.. Respondent
i(Respondenis in-da-}

Counsel for the Petitioner : Sx SRIDEV! JAMPAN]
Counsel for the Respondent : PUBLIC PROSECUTOR (AP}

Patiion under Section S891) of Or PoC praying thal in the circumstances
stated In the memorandum of grounds fled in support of the petition, the High Court
may be pleased to suspend the sentence imposed in SC No. 11/2017 dated 13-10-
2047 on the te of X Addi. ENatrict & Sessions Judge, Anakanalll and enlarge the
petitioner /Appsllant/ Accused an ball, sernfing disposal of CrlAppeal No. 1716/2018
on the file of fis Hon'ble Court , Pending dignosai of CRLA No. 1778 of 2078, on
the Te of the High Court,

The court while directing issue of notice to the Respondents herein to
show cause as to why this anplicalion should not be cornplied with, made the
following order.{The receipt of this order will be deemed to be the receipt of notice in
the case).

ORDER

"Hoard Ma, Sridevi Jampani, learned counsel for the petitionerianpellant and Sri Anand Kumar Kochiri, earned Assistant Public Prosecutor for the Respondent Biats,

This ig an applcation filed! under Searflon 389(1} of the Criminal Procedure Gode, with & prayer ts release the petitienerfappellant on hall pending dispasal of the Cri. A. NotF18 of 2048.

The learned X Additional District & Sessions Judge, Anakapalis, vide Judgment dated 12.10.2017 in S.C.No.{ of 2047 convicted the pefitiener- accused for the offences under Section 302 LP.C., and sentenced Aim to undergo INe imprisonment.

AS against the said canviction and sentence, the present Criminal Appeal came to be preferred.

is submitted by the learned counsel! for the petiticner/anpellant that in view of the ratio laid down by the Composites High Court of Andhra Pradesh in Batehu Rangeras Vs. State of Andhra Pradesh {2076(3) ALT (Criminal) S08 fAPH, the pettioneriappellant herein is entitied to be enfarged on ball.

Admittedly, the petHionerfappellant has completed five (08) years period of sentence. The inatructions furnished by the Superintendent of Jails, Centra! Prison, Visakhapatnam, are placed on record by the learned Assistant Public Prosecuior. The said instructions cisarly show that the conduct of the petiionerappsiiant is satiefectory, No is also not in dispute that the peitionerappellant does not fall within the exceptions as provided in the

fudgment mantioned supra.

Far the aforesaid reasons, the application is allowed, directing enlargement of the petitioner/appellant on ball on his executing personal bond of Re.50,000/- (Rupees Fifty Thousand only} with two sureties for the tke sum sach to the satisfaction of the learned V¥ Metropolitan Magistrate, Anakanalie, Gn such release, he shall appear before the said Court once on any date in the frat week of avery month tl the disposal of the Criminal Appeal, falling which the lsarned Magistrate shall submit a report to this Court. it is also made clear

that in the event of violation of conditions stipulated above, i is open for the

loarned Public Prosecutor ta bring the same to the notice of this Court. ff is

also made clear that the petitioner/appellant shall be present before this Court

at the time of Rearing of the Criminal Agpeal" . | Sadi. BL VINOD KUMAR

PR ES

ASSISTANT REGISTRAR

HATRUE COPYH

& For

SECTION OFFICER To, SECT OFFICER

The X Addi. District & Sessions Judge, Anakapalls.

The V Metropolitan Macistrate, Anakapails.

The Superintendant, Central Prison, Visakhapaingm.