Andhra Pradesh High Court - Amravati
The vs Unknown on 19 January, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.1283 of 2017
PROCEEDING SHEET
Sl.
ORDER
No DATE
6. 19.01.2023 CPK, J & BVLNC, J
I.A.No.1 of 2022
The petitioner, who is the accused No.1 in
Sessions Case No.109 of 2016 on the file of the
learned District and Sessions Judge, Vizianagaram,
filed the present application under Section 389 (1)
Cr.P.C., seeking bail, pending disposal of the
Criminal Appeal.
The petitioner/accused No.1 was tried for the
offences punishable under Sections 302 and 201
read with 34 of IPC. Vide Judgment, dated
30.06.2017, the learned Sessions Judge convicted
the accused No.1 for the offence punishable under
Section 302 read with 34 of IPC and accordingly,
sentenced him to undergo rigorous imprisonment
for 'life' and to pay a fine of Rs.60,000/- in default
of payment of fine, shall suffer simple
imprisonment for a period of six (06) months for
the offence punishable under Section 302 read with
34 of IPC.
Learned counsel for the petitioner/A.1 stated
that the petitioner/A.1 has completed five years of
actual sentence after conviction by the Trial Court
and in view of the Judgment in the case of Batchu
Rangarao & others v. State of A.P.1, he would be
entitled for bail.
The fact that the petitioner/A.1 has completed
five years of actual sentence after his conviction is
not in dispute. The Division Bench of this Court in
Batchu Rangarao & others supra, held as under:
"On considering their valuable suggestions
and after a thorough evaluation of the
relevant factors, we are inclined to indicate
broad criteria on which the applications for
grant of bail pending the Criminal Appeals
filed against the conviction for the offences,
including the one under Section-302 IPC, and
sentencing of the appellants to life among
other allied sentences, are to be considered.
Accordingly, we evolve the following criteria:
(1) A person who is convicted for life and
whose appeal is pending before this Court is
entitled to apply for bail after he has
undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons falling
in (1) supra shall be subject to his good
conduct in the jail, as reported by the
respective Jail Superintendents;
(3) In the following categories of cases, the
convicts will not be entitled to be released on
bail, despite their satisfying the criteria in
(1) and (2) supra:
The offences relating to rape coupled with
murder of minor children, dacoity, murder
for gain, kidnapping for ransom, killing of
the public servants, the offences falling
under the National Security Act and the
offences pertaining to narcotic drugs.
(4) While granting bail, the two following
conditions apart from usual conditions have
to be imposed, viz., (1) the appellants on bail
must be present before the Court at the time
of hearing of the Criminal Appeals; and (2)
they must report in the respective Police
Stations once in a month during the bail
period.
2016 (3) ALT (Crl.) 505 (DB) (A.P).
This broad criteria cannot be understood as
invariable principles and the Bench hearing
the bail applications may exercise its
discretion either for granting or rejecting the
bail based on the facts of each case. Needless
to observe that grant of bail based on these
principles shall, however, be subject to the
provisions of Section-389 of the Code of
Criminal Procedure.
Learned Additional Public Prosecutor states
that the case of the petitioner/A.1 does not fall
within any of the exceptions laid down in the said
judgment; that there will not be any difficulty in
securing his presence in case of conviction and
that the conduct of the petitioner in the jail is
satisfactory.
It is not a case where the petitioner/A.1 is
alleged to have committed offence relating to rape
coupled with murder of minor children, dacoity,
murder for gain, kidnapping for ransom etc.
Since the case of the petitioner/A.1 falls within
the parameters laid down in Batchu Rangarao &
others case and as the judgment of the Division
Bench attained finality, the petitioner shall be
released on bail on certain terms and conditions.
Accordingly, the Interlocutory Application is
allowed and the petitioner/accused No.1 shall be
enlarged on bail on his executing a personal bond
for a sum of Rs.25,000/- (Rupees Twenty Five
thousand only) with two local sureties for a like
sum each to the satisfaction of the learned Judicial
Magistrate of First Class, Gajapathinagaram.
However, the petitioner/accused No.1 shall report
before the concerned Police Station once in a
month i.e., between 10:00 A.M. and 5:00 P.M. till
disposal of the appeal and he shall present before
the Court at the time of hearing of this appeal.
It is needless to mention that if, the petitioner/
A.1 failed to appear before the Court at the time of
hearing the appeal or violate the conditions
imposed supra, liberty is given to the learned
Additional Public Prosecutor to take steps
accordingly.
___________
CPK, J
___________
BVLNC, J
Crl.A.No.1283 of 2017
Registry is directed to prepare the booklet.
List the matter for 'Final Hearing' on
16.02.2023.
___________
CPK, J
___________
BVLNC, J
DNB
