Citation : 2023 Latest Caselaw 5379 AP
Judgement Date : 8 November, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. Crl.R.C.No.999 of 2023
PROCEEDING SHEET
Sl. DATE ORDER OFFICE No. NOTE
02. 08.11.2023 TMR,J
Crl.R.C.No.999 of 2023
Admit.
List after four (4) weeks.
I.A.Nos.1 & 2 of 2023 I.A.Nos.1 and 2 of 2023 are filed by the petitioner/A.1 seeking to suspend the sentence and to enlarge him on bail, in C.C.No.352 of 2016 on the file of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Chintalapudi, which was confirmed by the learned I Additional District and Sessions Judge, West Godavari District vide judgment dated 27.10.2023 in Crl.A.No.235 of 2022,.
Heard learned counsel for the petitioner/A.1 and learned Assistant Public Prosecutor, for the State.
Learned counsel for the petitioner/A.1 submits that, today, the petitioner was surrendered before the Judicial Magistrate of First Class,
Chintalapudi vide S.R.No.6725 of 2023. He further submits that the petitioner/A.1 was on bail during the entire proceedings before the trial Court as well as before the first appellate Court.
Learned Assistant Public Prosecutor, for the State, reports no objection.
As seen from the judgment of the trial Court, it shows that A.1 to A.3 were sentenced to undergo simple imprisonment for one year and to pay fine of Rs.1000/- each for the offence punishable under Section 498-A IPC and in default, to suffer simple imprisonment for three months. The first appellate Court partly allowed the appeal, by confirming the conviction passed against the A.1 and set aside the conviction against the A.2 and A.3.
Taking into consideration of the above submissions, this Court is inclined to suspend the sentence passed against the petitioner/A.1 in C.C.No.352 of 2016 on the file of Junior Civil Judge-cum- Judicial Magistrate of First Class, Chintalapudi, which in turn confirmed by the learned I Additional District and Sessions Judge, West Godavari District
vide judgment dated 27.10.2023 in Crl.A.No.235 of 2022, till the disposal of the Criminal Revision Case.
The petitioner/A.1 shall be released on bail on execution of self bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the like sum to the satisfaction of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Chintalapudi.
__________ TMR, J
MS
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