Citation : 2023 Latest Caselaw 5599 AP
Judgement Date : 21 November, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.R.C.No.1623 of 2011
PROCEEDING SHEET
Sl.No DATE OFFICE
ORDER
NOTE
05. 21.11.2023 SV, J
In the morning session one Junior Counsel requests for pass-over as Smt.S.Annapurna, learned counsel for the petitioner will come and argue the matter by today itself.
But, even at 03.15 P.M. none appeared for the petitioner.
Learned Assistant Public Prosecutor is present through video conference to submit his reply.
It is a case in Cr.No.30 of 2007 of II Town CCS Police Station, Rajahmundry was registered against the petitioner/accused under Sections 420, 379 or 411 IPC. On appreciating the evidence on record, the trial Court i.e., VI Additional Judicial First Class Magistrate Court, Rajahmundry convicted the accused for the offence under Section 420 IPC and sentenced him to undergo Rigorous Imprisonment for a period of one (1) year and ordered to pay fine of Rs.100/- and in default of payment simple imprisonment for a period of one (1) month. On which, the petitioner herein preferred an appeal vide Crl.A.No.306 of 2009 on the file of Court of learned V Additional District & Sessions Judge, Rajahmundry. After due verification of the trial Court judgment as well considering the entire evidence, the first Appellate Court confirmed the callender and judgment of the trial Court in C.C.No. 1761 of 2008, dated 27.11.2009. Against which, the present revision is filed in the year, 2011.
On 05.08.2011, the petitioner filed an application vide Crl.R.C.M.P.No.2392 of 2011 and obtained an order of suspension of sentence of imprisonment alone pending disposal of the revision and released on bail on execution of personal bond of Rs.5,000/- with one surety.
Thereafter, this matter was listed twice, but on both occasions, none represented the petitioner. In these circumstances, this Court is of the opinion that cancellation of the bail/concession given on 05.08.2011 is required. Hence, the bail granted to the petitioner vide order dated 05.8.2011 in Crl.R.C.M.P.No.2392 of 2011 is hereby cancelled.
Issue bailable warrant to the petitioner, returnable by 13.12.2023.
However, on execution of such bailable warrant, the petitioner shall be released on bail on furnishing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand Only) with two sureties for a like sum each to the satisfaction of the learned VI Additional Judicial First Class Magistrate Court, Rajamahendravaram of East Godavari District.
List on 13.12.2023.
_________ SV, J
Note:
Issue C.C. today.
B/o.
Krs
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