Garagaparthi Yesu vs The State Of Andhra Pradesh
2023 Latest Caselaw 1590 AP

          lN THE HIGH COURT OF ANDHRA PRADESH AT AMA

                 TUESDAY, THE l1^/ENTY FIRST DAY OF MARCH
                      TWO THOUSAND AND TWENTY THREE

                                     :PRESENT:
               THE HONOURABLE MS JUSTICE B S BHANUMATHI

                                  IANo. 2OF2023
                                         IN

                              CRLRC NO: 229 OF 2023
Betwee n :
        Garagaparfhi Yesu, S/o Seshagiri Rao. Aged 30 years, R/o Near Ramalayam.
        Rayalam village, Bhimavaram Mandal. West Godavari District.
                                                    ...Petitioner/Appellant/Accused
                                        AND
        The State of A.P. Rep. by Public Prosecutor. High Court of Andhra Pradesh.
        Amaravathi.
                                                        ...Respondent/Complainant

Counsel for the Petitioner      : SRI G RAMA KRISHNA
Counsel forthe Respondent       : PUBLIC PROSECUTOR

       Petition under Section 397 (1) of Crl.P.C pray'lng that in the circumstances
stated in the grounds filed in support of the petition, the High Court may be pleased
to enlarge the Petitioner/Accused on bail after suspending the sentence imposed in
the Judgement in C.C.68/2018 dated O7.02.2020 on the file of Prl. Junior Civil Judge
Gum Judicial Magistrate of First Class, Bhimavaram as confirmed by Judgement Crl.
Appeal No.37/2020 dated 09.03.2023 on the file of Ill Addl. Sessions Judge.
Bhimavaram, pending disposal of CRLRC No. 229 of 2023, on the file of the High
Court.

       The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the
case). The Court made the following

ORDER:

'tThe petitioner was found guilty for the offences punishable under

Sections 354A, 447, 323 and 506 lPC and accordingly, he was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-, and in default, to suffer simple imprisonment for a period of (15) days, v,-de judgment dated 07.02.2020, passed in C.C.No.68 of 2018-

The appeal preferred by the petitioner/ accused is dI-SmiSSed COnfirming the conviction and sentence passed against him, v,-de judgment, dated O9.03.2023, in Crl.A.No.35 of 2020 of the learned Ill Additional Sessions Judge, Bhimavaram.

Heard learned counsel for the petitioner/accused and learned Assistant Public Prosecutor appearing for the respondent - state. perused the material record.

Learned counsel for the petitioner submits that` in view of the grounds urged in the revision, the petitioner has got fair chances of success in the revisI'On. lt iS further Submitted that the petitioner is lodged in sub-I-ail, BhI'maVaram.

HavI'ng regard tO the facts & SubmiSSl-One and the issues raised in the

grounds of revision, which require detailed examination, the execution of sentence passed against the petitioner I-S Suspended, Pending final dI-SPOSal Of the revision, and the petitioner is directed to be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty FI-Ve Thousand only) with two sureties in a like sum each to the satisfaction of the prI-nCiPal Junior Civil Judge-cum-Judicial First class Magistrate, Bhimavaram."

Sd/-K. SRINIVASA RAJU ASSISTANT,oEGISTF3AR

//TRUE COPY// SECTION OFFICER To,

1. The Principal Junior Civil Judge-Gum-Judicial First Class Magistrate, Bhimavaram.

2. The III Additional Sessions Judge, Bhimavaram.

3. The Superintendent, sub-jail, Bhimavaram.

4. One CC to Sri G Rama Krishna, Advocate [OPUC]

5. Two cos to Public Prosecutor, High Court ofA.P. [OUT]

6. One spare copy J*

+

5=

i a-ilj HIGH COURT

BSBJ

DATED:21/03/2023

BAIL ORDER

I.A.NO.2 OF 2023 lN CRLRC.No.229 of 2023

SUSPENSION