Heard The Learned Counsel For The vs Unknown
2023 Latest Caselaw 3356 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.498 of 2023

                             PROCEEDING SHEET

Sl.                                                                                   OFFICE
                                             ORDER

No      DATE                                                                           NOTE
02    11.07.2023
                   SRK, J

                                      I.A.No.1 of 2023

                       Heard       the      learned       counsel         for   the

petitioner/appellant and the learned Special Assistant Public Prosecutor appearing for respondent-State.

For the reasons stated in the accompanying affidavit, sufficient cause is shown. Delay is condoned. Petition is ordered.

I.A.No.2 of 2023

The petitioner is Accused in Sessions Case No.34 of 2016 on the file of the Metropolitan Sessions Judge, Vijayawada. Vide judgment, dated 17.06.2016, he was convicted of the offence punishable 8(c)r/w 20(b) (ii) (C) of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of ten (10) years and to pay fine of Rs.1,00,000/- in default to suffer rigorous imprisonment for a further period of one year. Against the said conviction and sentence, the petitioner preferred the present Criminal Appeal. Learned counsel for the petitioner submits that since from the date of conviction i.e. from June, 2016, the petitioner is languishing in jail i.e. for more than 7 years.

This Court perused the record. On the earlier occasion, this Court directed the learned Special Assistant Public Prosecutor to produce the nominal roll of the petitioner/appellant and to enquire with regard to his antecedents. Today, when the matter has come up for hearing, the learned Additional Public Prosecutor produced nominal roll of the petitioner/appellant. A perusal of the same would go to show that the accused has undergone actual sentence, without remand period, for 7 years 19 days and the total sentence undergone by him including remand period and remission is 8 years 1 month and 12 days.

In the case of Daler Singh Vs. State of Punjab (2006) SCC Online P&H 1591, wherein the following was held:-

"29. We, therefore, feel that keeping in view the spirit of Article 21, the following principles should be adopted for the release of the prisoners(convicts) on bail after placing them in different categories as under:-

(i) Where the convict is sentenced for more than ten years for having in his conscious possession commercial quantity of contraband, he shall be entitled to bail if he has already undergone a total sentence of six years, which must include atleast fifteen months after conviction.

(ii) Where the convict is sentenced for ten years for having in his conscious possession commercial quantity of the contraband, he shall be entitled to bail if he has already undergone a total sentence of four years, which must include atleast fifteen months after conviction.

(iii) Where the convict is sentenced for ten years for having in his conscious possession, merely marginally more than non- commercial quantity, as clarified in the table, he shall be entitled to bail if he has already undergone a total sentence of three years, which must include at least twelve months after conviction.

(iv) The convict, who according to the allegations, is not arrested at the spot and booked subsequently during the investigation of the case but his case is not covered by the offences punishable under section 25, 27-A and 29 of the Act, for which in any case Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:20.05.2021 21:04 (VIA VIDEO CONFERENCING) the aforesaid clauses No.(i) to (iii) shall apply as the case may be, he shall be entitled to bail if he has already undergone a total sentence of two years, which must include at least twelve months"

This Court feels that the appeal may not come up for hearing in the near future for the reason that the Criminal Appeal is of the year 2023. In view of the above facts and circumstances of the case, since the petitioner/appellant has already undergone more than 7 years of sentence of imprisonment, ends of justice would be met if he is released on bail, pending the Criminal Appeal, on certain conditions.

Accordingly, the petition is ordered, and the petitioner/appellant is ordered to be released on bail on his execution of a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum, to the satisfaction of the Special Judge for Trial of Cases under the NDPS Act-cum- Metropolitan Sessions Judge, Vijayawada (NTR District). The petitioner/ appellant shall report before the police station concerned once in a month till disposal of the present Criminal Appeal. The Criminal Appeal shall be proceeded with without seeking adjournments by the parties.

______ SRK,J GR