Chethala Palguna Raju vs The State Of Andhra Pradesh
2023 Latest Caselaw 3018 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Main Case No. Crl. Appeal No.330 of 2023

                       PROCEEDING SHEET
Sl.     DATE                    ORDER                                        OFFICE
No.                                                                           NOTE
                   BSB, J
2.    10.05.2023
                              Crl. Appeal No.330 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/A1       to   suspend     the     sentence
                   imposed against him, vide judgment, dated
                   02.11.2021, in S.C.No.135 of 2017 on the file
                   of the Court of Prl. Sessions Judge, Prakasam,
                   at Ongole, and to enlarge the petitioner/A1 on
                   bail.
                            The appeal is filed aggrieved by the
                   judgment,        dated    02.11.2021,      passed    in
                   S.C.No.135 of 2017, whereby, the petitioner/
                   A1 was found guilty for the offence punishable
                   under Section 304-B IPC, and he is convicted
                   and sentenced to suffer rigorous imprisonment
                   for a period of seven (7) years.
                            Heard     the   learned   counsel   for    the
                   petitioner/A1 and the learned Assistant Public
                   Prosecutor       appearing   for   the   respondent/

State.

BSB, J Crl.A.No.330 of 2023

Learned counsel for the petitioner submitted that in view of the grounds urged in 10.05.2023 (contn..) the appeal, the petitioner has got fair chances of success in the appeal. It is submitted that the petitioner was on bail during trial and that since 02.11.2021, he has been in judicial custody. It is further submitted that the petitioner is poor and is also unable to engage a counsel, and thus, learned counsel requested for imposing a condition commensurate with the financial capacity of the petitioner/A1.

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 imposed against the petitioner/A1 is suspended pending the criminal appeal and the petitioner/A1 shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a likesum to the satisfaction of learned Judicial Magistrate of I Class, Special Mobile Court, Ongole.

________________ B.S.BHANUMATHI, J Note:- Issue CC by 11.05.2023 (B/o) RAR

BSB, J Crl.A.No.330 of 2023