Kommu Premkumar Prem, vs State Of Andhra Pradesh,
2023 Latest Caselaw 3017 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Main Case No. Crl. Appeal No.344 of 2023

                       PROCEEDING SHEET
Sl.     DATE                    ORDER                                  OFFICE
No.                                                                     NOTE
                   BSB, J
3.    10.05.2023
                             Crl. Appeal No.344 of 2023

                           Admit.
                           Notice.
                           Call for the lower Court records.

                                                ________________
                                                B.S.BHANUMATHI, J


                                     I.A.No.2 of 2023

                           This application has been filed by the
                   petitioner to suspend the sentence imposed
                   against     him,      vide     judgment,    dated
                   05.05.2022, in S.C.No.143 of 2021 on the file
                   of the Court of Sessions Judge, Mahila Court,
                   Vijayawada, and to enlarge the petitioner on
                   bail.
                           The appeal is filed aggrieved by the
                   judgment,     dated    05.05.2022,    passed   in
                   S.C.No.143 of 2021, whereby, the petitioner
                   was found guilty for the offence punishable
                   under Section 304 IPC, and he is convicted
                   and sentenced to suffer rigorous imprisonment
                   for a period of seven (7) years and to pay a
                   fine of Rs.500/-, in default of payment of fine,
                   to undergo simple imprisonment for a period
                   of one month.
                                 -2-

                                                                                   BSB, J
                                                                     Crl.A.No.344 of 2023

                      Heard     the    learned      counsel          for   the
             petitioner/accused and the learned Assistant
10.05.2023
 (contn..)   Public     Prosecutor          appearing            for       the
             respondent/State.

Learned counsel for the petitioner submitted that in view of the grounds urged in the appeal, the petitioner has got fair chances of success in the appeal. It is further submitted that the accused is now confined in Central Prison, Rajamahendravaram. Hence, it is prayed to grant the relief.

Perused the record.

After considering the submissions and as hearing and disposal of the appeal would take considerable time, this Court is of the view that the sentence imposed against the petitioner can be suspended and the petitioner can be enlarged on bail.

Accordingly, the sentence of imprisonment alone imposed against the petitioner is suspended pending the criminal appeal and the petitioner shall be enlarged on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a likesum to the satisfaction of learned II Additional Metropolitan Magistrate, Vijayawada.

________________ B.S.BHANUMATHI, J RAR

BSB, J Crl.A.No.344 of 2023