Gadhi Madhava Rao Madhav Anr vs The State Of A.P., Rep. By P.P.
2023 Latest Caselaw 1639 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl. A. No. 523 OF 2017

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE 23.03.2023 VJP,J

I.A.No.1 OF 2021 This is an application filed under Section 389(1) and 482 of the Code of Criminal Procedure seeking suspension of the sentence and also release of the petitioner on bail.

Main Criminal Appeal came to be preferred by the petitioner-accused No.1 and the Accused No.2 against the judgment dated 21.04.2017 passed by the Court of the learned Special Judge for Protection of Children from Sexual Offences Act-cum-Addl. Metropolitan Sessions Judge, Vijayawada, Krishna District. By way of the said judgment, the learned Sessions Judge convicted the petitioner herein for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act and sentenced him to undergo Rigorous Imprisonment for a period of Ten years and also to pay a fine of Rs.5,000/-.

Learned counsel for the petitioner submits that the petitioner has been in judicial custody SL. DATE ORDER OFFICE NO. NOTE since 5 years 10 months. He further submits that the mother of the petitioner is suffering from cancer, but she is stable by using medicine. He further submits that the petitioner has good grounds to succeed in the appeal and therefore, he seeks suspension of sentence and also release of the petitioner on bail pending the appeal.

Learned Public Prosecutor filed Written Instructions to the effect that the petitioner's conduct in the jail is satisfactory.

As seen from the record, the petitioner has been in judicial custody since 5 years 10 months. In the light of the representation made by the learned counsel for the petitioner about the poor condition of the petitioner, it is appropriate to release him on bail on the following conditions:

In view of the facts and circumstances of the case, the execution of sentence of imprisonment imposed against the petitioner/A.1 in SC 18 of 2014 on the file of the learned Spl. Judge for Protection of Children from Sexual Offices Act, 2012-cum-

             Addl.       Metropolitan         Sessions      Judge,
             Vijayawada,      is ordered to be suspended, till
 SL.   DATE                           ORDER                          OFFICE
NO.                                                                  NOTE

the disposal of the Criminal Appeal. He shall be released on bail subject to the petitioner furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the Court of the learned Spl. Judge for Protection of Children from Sexual Offences Act, 2012-cum-Addl. Metropolitan Sessions Judge, Vijayawada. If the petitioner has any passport, he shall deposit the same before the trial Court. It is made clear that the petitioner shall attend before the said Court on Monday in the first week of every month between 10.30 am to 05.00 pm, pending the appeal, and if the same is not adhered to, the concerned Court is directed to inform the same to this Court for passing necessary order for cancellation of the bail.

________ VJP,J Note: Issue CC today.

B/o eha