N.Subash vs State Of Ap
2023 Latest Caselaw 1171 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : Crl.A.No.279 of 2019 PROCEEDING SHEET

Sl. Date ORDER OFFIC No. E NOTE

28.02.2023 SRS,J

I.A.No.1 of 2022 Heard.

This application is filed under Section 389(1) of Cr.P.C to release the petitioner on bail by suspending the operation of sentence dated 22.11.2018 passed in NDPS SC No.20 of 2017 on the file of learned Special sessions Judge for trial of the cases under the NDPS Act, 1985-cum-I Additional Sessions Judge, East Godavari, Rajamahendravaram, pending disposal of the above appeal.

Petitioner was convicted under Section 235(2) of Cr.P.C for the offence under Section 8(c) punishable under Section 20(b)(ii)(C) of the NDPS Act and he was sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.1.00 lakh in default to suffer simple imprisonment for a period of six months.

Petitioner was arrested on 31.07.2016 and since then he has been in jail. After fulfledged trial, petitioner was convicted.

Learned counsel for the petitioner would submit that the petitioner/appellant is in judicial custody since 31.07.2016 and he was undergone more than 6 and ½ years sentence and that the petitioner is entitled for bail. He placed reliance on the judgment in Mossa Koya KP vs. State (NCT of Delhi) (2021 Lawsuit (SC) 1072).

Sri Suresh Kumar Routh, learned Special Public Prosecutor for NCB opposed for grant of bail. He relied upon Judgment in Ratan Kumar Vishwas vs. State of U.P, (Manu/SC/8237/2008) and contended that a sentence awarded under the Act can be suspended by the appellate Court only and strictly subject to the conditions as spelt out in Section 37 of the Act.

Heard and perused the record.

Admittedly, the petitioner/appellant herein has been in judicial custody since 31.07.2016. In view of the principle laid down in Mohd. Arif alias Guddu vs. State of NCT of Delhi, vide order dated 19.05.2020 in Crl.A.No.293 of 2017, since the petitioner/appellant herein has undergone the sentence of more than four years four months pursuant to the conviction, he is entitled for grant of bail.

I.A.No.1 of 2021 was dismissed on 08.07.2022. It is also pertinent to mention here that the Criminal Appeal is of the year 2019 and as of now the criminal appeals pertaining to the year 2012 are coming up for hearing and there is no chance of the present criminal appeal coming up for final hearing in the near future.

In view of the facts and circumstances of the case, the sentence of imprisonment alone is suspended, pending disposal of the Criminal Appeal, and the petitioner herein shall be enlarged on bail on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Laksh only) with two sureties for a like sum each to the satisfaction of the learned I Additional Sessions Judge, East Godavari at Rajamahendravaram. After release, the petitioner herein shall report before the Directorate of Revenue Intelligence (DRI) concerned office, Vijayawada once in a month i.e. on the 1st Sunday of every month, between 10.00 AM and 03.00 PM till disposal of the Criminal Appeal. The petitioner/appellant herein is also directed to appear before this Court as and when the case comes up for hearing.

Accordingly, this petition is ordered.

__________ SRS, J Crl.A.No.279 of 2019 List the matter after four (04) weeks.

__________ SRS, J

Note:

Issue cc today B/o KA