Andhra Pradesh High Court - Amravati
Jampa Adeswara Rao vs The State Of Ap., on 12 May, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: Crl.A. No. 1703 OF 2017
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
05. 12.05.2023 AVSS, J & DVR, J
I.A.No.1 & 2 OF 2023
These are the applications, filed
under Section 389(1) of the Code of
Criminal Procedure, seeking bail.
Main Criminal Appeal came to be
preferred by the petitioners-accused No.1
and 2 against the judgment dated
20.10.2017, passed by the Court of the
learned X Additional District and Sessions
Judge, Visakhapatnam at Anakapalle, in
Sessions Case No.71 of 2015. By way of
the said judgment, the learned Sessions
Judge convicted the accused No.1 and 2-
petitioners herein for the offences
punishable under Sections 302, 380 & 357
I.P.C., and sentenced to undergo rigorous
imprisonment for life and to pay fine of
Rs.10,000/- each, in default, to suffer
simple imprisonment for nine months for
the offence punishable under Section 302
I.P.C., apart from other punishments.
Crl.A.No.1703 OF 2017
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NO. NOTE
In this application, the petitioners are
seeking bail by placing reliance on the
judgment of the Composite High Court of
Andhra Pradesh in the case of Batchu
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
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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
petitioners is satisfactory and they have
completed more than five years of actual
sentence. It is not the 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 petitioners on bail in S.C.No.71 of
2015 on the file of the Court of the learned
X Additional District & Sessions Judge,
Visakhaptnam at Anakapalle, subject to
the petitioners furnishing a personal bond
of Rs.10,000/- (Rupees Ten Thousand
only) each with two sureties each for the
like sum each to the satisfaction of the
Court of the learned II Additional Junior
Civil Judge-cum-Metropolitan Magistrate,
Anakapalle. It is made clear that the
petitioners shall attend before the said
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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 petitioners shall be present
before this Court.
________
AVSS,J
________
DVR ,J
Ks
