Citation : 2023 Latest Caselaw 5615 AP
Judgement Date : 27 November, 2023
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No.: CRL.R.C. No.1091 of 2023
PROCEEDING SHEET
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1.
27.11.2023 TMR, J
Crl.R.C.No.1091 of 2023
Heard.
Admit.
Notice.
Post the revision after four (04) weeks.
______ TMR, J
I.A.No.1 of 2023
This is an application filed by the petitioner/Accused seeking to suspend sentence passed in the judgment of conviction in S.C.No.351 of 2016 dated 19.09.2018 on the file of the Court of Additional Assistant Sessions Judge, Tirupathi, as modified in the judgment dated 17.11.2023 in Crl.A.No.217 of 2018 by the III Additional District & Sessions Judge, Tirupathi and release the petitioner/Accused on bail, pending disposal of the Criminal revision case.
Learned counsel for the petitioner submits that the petitioner/A.1 is found guilty for the offence punishable under Sections 498-A and 306 of IPC and
SL. DATE ORDER OFFIC NO. E NOTE he is sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.1000/- for the offence under Section 498-A of IPC and he is further sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.1000/- for the offence under Section 306 of IPC vide judgment passed in S.C.No.351 of 2016 dated 19.09.2018 on the file of the Court of Additional Assistant Sessions Judge, Tirupathi and both the sentences shall concurrently.
The appeal preferred by the petitioner/A.1 is partly allowed and modified only the sentence i.e., the rigorous imprisonment from seven years to two years for the offence under Section 306 of IPC passed against the petitioner/A.1 and confirmed the sentence of rigorous imprisonment for a period of two years for the offence under Section 498-A of IPC, vide judgment in Criminal Appeal No.217 of 2018 dated 17.11.2023 by the III Additional District & Sessions Judge, Tirupathi.
Heard learned counsel for the petitioner. Perused the material record.
Learned counsel for the petitioner submits that in view of the grounds urged in the revision, the petitioner has got fair chances of success in the revision.
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Having regard to the facts & submissions and the issues raised in the grounds of revision, which require detailed examination, the substantive sentence of imprisonment alone imposed against the petitioner/A.1 is suspended, pending final disposal of the revision, and the petitioner, as he is reported to be surrendered, is directed to be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties in a like sum each to the satisfaction of the learned III Additional Judicial Magistrate of First Class, Tirupathi.
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TMR, J
SAB
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