Vangapudi Lakshmi Narayana vs The State Of Andhra Pradesh
2023 Latest Caselaw 1200 AP

WEDNESDAY THE F IRST DAY OF MARCH
TWD THOUSAND AND TWENTY THREE
7PRESENT:
THE NONOURABLE SRI JUSTICE AV SESHA SAI
AND AS
THE HONOURABLE ST JUSTICE VENKATA JYOTHIRMAI PRAT e
iA No. 1 OF 2028 =
iN
GRLA NO: 3328 OF 20418

Sehvesn:

sana' Li Waks shin Narayana, Sfo. Mastanaiah, Age 32 Years, Ryo. Pamineddy
Malem Vilage, TP Gudur Mandal, SPSR Nsliore Distiet.

_ AappeiantAccuserd
AND

The State of Andhra Pradesh, Reo. by the Public Prosecutor, High Court Suddings,
High Court of A.P.at Amaravathi,

Respondent

Counsel for the Petitioner -AMMAJ! NETTEM Counsel for the Petitioner <LEGAL AIp Counsel for the Respondent -PUBLIC PROSECUTOR {AP}

Paftion under Section 388(1}) of Cr.P.C praying that in the circumstances Stated in the affidavit fled in support of the petition, the High Court may be sleasad fo enlarge the petiioner on Ball by suspending the execution of the sentence of imprisanment imposed against the petitioner in Calendar and Judgment dated 12-02. 2018 in S.C.No. 83 of 2017 on the file of Qourt of the NV Additional District & Sessions Judge at Nalicre SPSR Nellore District pending disposal of the CrLA.No S326 of 2018 in thie Nonourable Court , Pending disposal of CRLA No. 3829 of 2018, an the fig of the High Court,

The petition coming on for hearing, upon perusing the Petition and the afidavit fled in support thereef and the order of the High Court dated 02.04.2019 made herein and upon hearing the arguments of Gri AMMAJ! NETTEM | Advocate for Rettioner, LEGAL AID Advocate for the Apellantis} and of Public Prosecutor for Respondent No.1 the Court made the following

Sen rhls application ig Mied under Seetion S8G/1} of Code of Criminal Precedure, secking hall on behalf of the sole aceused in 8.C.No.53 of 2Q17 for grant of ball. By way of the fudgment, dated 12-02-2018, the IV Additional ENstrict & Sessions Judge, Nellore, SPSR Nellore Oistrict, convicted the

appellant-petitioner for the offences punishable ander Seetion GO IPC and sentenced him to underge rigorsus imprisonment for Hie and alsa convicted him for the offeness punishable under Seotion 408-A IPC and senteneed him

to undergo rigerous imprisonment for « period of three (3) years.

im he present appleation, the petitioner is seeking ball by placing rallance on the judgment of the Composite High Court of Andhra Pradesh in the case of Batehu Rangerre and others us State of Andhra Pradesh reported im F2018 (8) ALTICRE) SOS [D.B.j. Im the said judgment the Composite High Court of Andhra Pradesh laid down the following guidelines to

be adhered fo while considering the ball applications of the present nature.

f2}4 person whe is convicted for Nfe and whose appeal ia pending before this Court is entitied to apply for ball after ke has NNAVIYANS 2

minimum of Nee years ingrisanment following Ais cancioten;

i} Grant of bail in Aevour of persens Sulling In (1) supra shell be subject te his goad condvet in the fall, as reported By the respective Jail Superintendents;

i3idn the follkaaing oatageres of eases, the convicts atl nat be erntitied te be released on Ball, deapite Gur satisfying criteria in fi} ard (2) supra:

The offences relating fe scape coupled atti murder af minor chiidran daceity, anunder for gain, Aidnagging for ransom, king af the pric sermemdés, the affences Falling under the National

Security Act and the affences pertaining te narcotic drugs.

if) While granting ball, the two following condifier apart from usual eonditiens Rave fe be imposed, wis. (i) the quesellents on Ball must be present before the Court at the me of hearing of the Criminal Appenis; and (2) they must report in the respective Pollee Stations ance in a month during the ball period.

The instructions furnished by the Superintendent of datis, Central

Prison, Nellors, are placed on reward by the learned Pablic Praseantor.

According to the said instructions the sonduct of the Petitioner is satisfactory and ke has completed more than Ave iS} years of actual sentence. . Ki ig not the case of prosecution that the

instant oase falls under the exceptions as manHoned in the guideline Noid af

the afpresaid guidelines.

For the aforesaid reasens, this potitien is alowed, dlreating enlargement of the petitioner on ball subject to the petitioner executing ¢ personal bond of Rs.d0,000/- [Rupees Fifty Thousand oniyi with two {3} sureties for the like sum each to the satisfaction af the Court of the Special Judicial Magistrate of Firat Class iNellwavs) at Nellore.

tis aleo made clear that the petitioner shall attend before the Court af the Speelal Judicial Magistrate of Mixst Class iRaliways} at Nellore, an ane {1} day in the frst week of every month pending appesl and Uf the same is not adhered to, the same be brought to the notice of this fourt for passing necessary orders fer cancellation of ball.

Rois further made clear that at the Hime of hearing of the appeal the

OO ELE LES Sdi- A. VENUGOPAL RAG ASSISTANT REGISTRAR

RYRUE COPYH ooo

For . .

fe SECTION OFFICER

1. The Special Judicial Magistrate of First Class (Rlaiways } af Nellore.

&. The h Addl. District & Sessions Judge,Nellors, Sri Poti Sri Ramutu Nellore District.

3. The Superintencent, Central Prison, Nellore .C.T.No S696.

4. One OC to SRE AMMA! NETTEM Acvooste fOPUC) S. Two COs to PUBLIO PROSECUTOR, High Caurt of APIOUT]

ix

5. Two spare copies.

HIGH GOURT

AVSSd VIPS

DATED HOS 2029

SAIL ORDER

iA No. TOF 2023 iN GRLA NO: 3328 OF 2018

DIRECTION

en "SN