Nadipappagari Vannurappa ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 93 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

               MAIN CASE No.: Crl.A.No.367 of 2020

                           PROCEEDING SHEET

Sl.
                                             ORDER

No DATE

2. 04.01.2023 CPK, J & BVLNC, J

I.A.No.1 of 2022

The present application came to be filed seeking bail on the ground that the petitioner has completed more than five years of actual sentence i.e., 2,296 days and in view of the judgment of a Division Bench of the composite High Court for the State of Telangana and the State of Andhra Pradesh in Batchu Rangarao & others v. State of A.P., [2016 (3) ALT (Crl.) 505 (DB) (A.P).], he would be entitled for bail.

But as seen from the record, the ratio laid down in Batchu Rangarao's case (cited supra) is something different. It states that a person would be entitled for bail if he completes a minimum of five years of imprisonment following his conviction i.e., after the judgment of the trial Court. Apart from that, the criteria laid down therein cannot be understood that bail has to be invariably granted on completion of five years. Granting or rejecting bail depends on the facts of each case. Since the judgment of the trial Court was delivered on 29.01.2019, question of petitioner serving sentence of five years after conviction by the trial Court does not arise. Hence, we are not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

_______ CPK, J

__________ BVLNC, J AMD/RMD