Police Station Has Been ... vs Unknown
2023 Latest Caselaw 3757 AP

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No.: Crl.A.No.573 of 2022

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE

11. 31.07.2023 SRK, J I.A.No.01 of 2023 Heard.

A case in Crime No.73 of 2018 of Dowlaiswaram Police Station has been registered against the petitioner/appellant for the offences punishable under Sections 376 AB of IPC, Section 5(m) r/w 6 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act), Section 3(2) (va) of the SCs and the STs (PoA) Act. After completion of investigation, police filed a charge sheet.

Since the case has been exclusively triable by the Court of Session, the case has been numbered as Pocso Sessions Case No.182 of 2018 on the file of the Special Court for Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), East Godavari at Kakinada.

After due trial, vide judgment dated 10.11.2022, the appellant herein/accused was convicted for the offences under Section 376 AB of IPC and Section 5(m) r/w 6 of POCSO Act 2012 and sentenced to undergo Rigorous Imprisonment for a period of 20 years and

SL. DATE ORDER OFFICE NO. NOTE also to pay fine of Rs.1000/-; in default to suffer Simple Imprisonment for a period of 03 months for the offence under Section 376 AB of IPC, which is greater in degree, while acquitting him for the offence under Section 3(2) (va) of the SCs and the STs (PoA) Act.

Against the said conviction and sentence, the petitioner/appellant herein filed the present Criminal Appeal before this court, which is numbered as Crl.A.No.573 of 2022.

Present Interlocutory Application has been filed to grant bail to the appellant on the ground that he is aged about more than 70 years and suffering from different ailments and the condition of the petitioner/appellant herein is deteriorating day by day. Therefore, prayed to grant bail to the petitioner.

On earlier occasion, learned Additional Public Prosecutor was directed to get instructions with regard to Nominal Roll of the petitioner/appellant. Accordingly, today learned Additional Public Prosecutor submitted Nominal Roll of the appellant. As per the Nominal Roll, the conduct of the appellant appears to be satisfactory.

In so far as the ailments are concerned, a Medical Certificate issued by the Deputy Civil Surgeon, (Contd....) Central Prison Hospital, Rajamahendravaram, has been

SL. DATE ORDER OFFICE NO. NOTE placed before this court, which shows that the petitioner/appellant was examined and diagnosed as suffering with Chest Pain with Old PTB (Pulmonary Tuberculosis). He was discharged from Government District Hospital, Rajamahendravaram on 28.12.2022, thereafter he was referred to Government General Hospital on 21.06.2023 for general check up; he was investigated and found that he is having Right reducible inguinal Hernia - direct, Bilateral simple Renal cortical cyst. It is further observed that in view of the age of the appellant herein, he needs continuous medical check up and elective surgery for inguinal hernia and treatment for Bilaterial renal cortical cyst.

In view of the recommendations made by the Deputy Civil Surgeon, stating that the petitioner needs a surgery for inguinal hernia and treatment for Bilateral renal cortical cyst, this court is of the considered view that for better treatment of the appellant, who is aged more than 70 years, bail is essential.

In view of the aforesaid circumstances, the petitioner/appellant shall be released on bail, for a period of three (03) months on such terms and conditions, imposed by the learned Special Judge. The petitioner/appellant is directed to surrender before the Court below on 2nd November, 2023.

                                                                             (Contd....)





SL.       DATE                             ORDER                               OFFICE
NO.                                                                             NOTE

Since the case has come through the Legal Aid, a copy of the order shall be provided to the Legal Aid counsel to take measures for releasing the petitioner/appellant from the Jail.

It is further directed that whereabouts of the petitioner/appellant shall be taken note during the period of bail.

______ SRK, J Pnr