Andhra Pradesh High Court - Amravati
Bonda Pandu vs The State Of Andhra Pradesh on 9 May, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: Crl.A.No.2094 of 2018
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
07. 09.05.2023 AVSS, J & DVR,J
IA.No.1 of 2021
This application is dismissed as not
pressed.
I.A.No.1 of 2023
This is an application filed under Section
389(1) of the Code of Criminal Procedure,
seeking bail.
Main Criminal Appeal came to be
preferred by Accused No.1-petitioner herein
against the judgment dated 21.10.2016,
passed by the Court of the II Additional
Metropolitan Sessions Judge-cum-IV
Additional District & Sessions Judge,
Visakhapatnam, in Sessions Case No.182 of
2012. By way of the said judgment, the
learned Sessions Judge convicted Accused
No.1-petitioner herein for the offences
punishable under Sections 302 and 201 I.P.C
and sentenced him to undergo imprisonment
for life apart from other punishments.
In this application, the petitioner is
seeking bail by placing reliance on the
judgment of the Composite High Court of
Andhra Pradesh in the case of Batchu
Crl.A.No.2094 of 2018
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Rangarao and ors., Vs., State of Andhra
Pradesh reported in [2016(3) ALT (Criminal)
505 (AP)]. In the said judgment, the Court laid
down the following guidelines, while
considering the bail applications of the present
nature:
"(1) A person who is convicted for life and
whose appeal is pending before this Court is
entitled to apply for bail after he has undergone
a minimum of five years imprisonment
following his conviction;
(2) Grant of bail in favour of persons failing in
(1) supra shall be subject to his good conduct in
the jail, as reported by the respective Jail
Superintendents;
(3) In the following categories of cases, the
convicts will not be entitled to be released on
bail, despite their satisfying the criteria in (1)
and (2) supra:
The offences relating to rape coupled with
murder of minor children dacoity, murder for
gain, kidnapping for ransom, killing of the
public servants, the offences falling under the
National Security Act and the offences
pertaining to narcotic drugs.
(4) While granting bail, the two following
conditions apart from usual conditions have to
be imposed, viz., (1) the appellants on bail must
be present before the Court at the time of
hearing of the Criminal Appeals; and (2) they
must report in the respective Police Stations
once in a month during the bail period."
Instructions furnished by the jail
Superintendent are placed on record by the
learned Public Prosecutor. According to the
said instructions, the conduct of the petitioner
is satisfactory and he has completed more
than five years of actual sentence. It is not the
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NO. NOTE
case of the prosecution that the instant case
falls under the exceptions as mentioned in the
aforesaid decision.
For the aforesaid reasons, this petition is
allowed, directing enlargement of the petitioner
in Sessions Case No.182 of 2012 on the file of
the Court of the II Additional Metropolitan
Sessions Judge-cum-IV Additional District &
Sessions Judge, Visakhapatnam, on bail,
subject to the petitioner executing a personal
bond for a sum of Rs.15,000/- (Rupees Fifteen
Thousand only) with two sureties for the like
sum each to the satisfaction of the Court of the
learned V Metropolitan Magistrate,
Visakhapatnam. It is made clear that the
petitioner shall attend before the said Court on
one day in the first week of every month,
pending appeal and if the same is not adhered
to, the same be brought to the notice of this
Court for passing necessary order for
cancellation of bail. It is further made clear
that at the time of hearing the appeal, the
petitioner shall be present before this Court.
________
AVSS,J
________
DVR,J
Vjl
Crl.A.No.2094 of 2018
