Andhra Pradesh High Court - Amravati
Karu Yajamani vs The State Of Andhra Pradesh on 28 November, 2023
TUESDAY, THE T WENTY EIGHTH DAY DF NOVEMBE
TWO T OUSAND AND TWENTY THREE
'PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA EN Oo
iA No. 1 OF 2023
iN
CRLRC NG: 1102 OF 99093 -7
Satweean:
are Yajamani, S/o China Appanna, Aged 30 yrs Donkada Vilage and Mandal
isakhapainam CHstrict
... Patitioner/AppellantAccused
(Patiioner in CRLRC 1102 OF 2028
an the fle of High Court
AND
The State of Andhra Pradesh, Represented by Its Public Prosecutor Hie gh Court at _--
Armaravaihl,
_ Respondant/Rassondent!
Complain nant
(Reap ondents i re}
a
Patifion under Section 3971) nw 482 of CrP.C is filed praying that in the
circumstances slated in mernorandum of grounds of criminal revision case, the High
Court may be pigased fo pass an Order tr Suspend the Sanisnoe of imprise sent
passed in Sessions Case No S6/ed1s at 0 GIOL2OTY on the file of Assistant -
Sessions Judge at Yellamanchili as confiimed in Criminal Appeal NoTS2feol? dk
2244 1.2023 on the fle of H Additional District and Sessions uf udge af Visakhapatinarn
neluding payment of fine, there by Release the peliianer on Ball, , Bending disposal of
CRLRON o.1108 of 2023, on the file of the High Court, :
The pattion coming on for hearing, uson perusi ng the Patiion and
memarandum of grounds of criminal petition and upon hearing t ne arguments of Sri
R.Qiva Sal Swarup, Advocate for the Petitioner and Public Prosecutor for 'the
Raspondert, the Court mace the following:
a?
ORDER:
"is the case of the Pefitionsr/Accused No.1 that in pursuance of the
Judgment in CrLA.No132 of 2017, dated 22.11.2023, the Petitioner has been
ladged in Central Prison, Visakhapatnam,
Heard. Perused the material an recnard,
Learned counsel for the Petitioner submits that the Prosecution's case is
Rot Supparted by Independent witness Le., PWs.8 to 14 and the Petitioner has
got fair chances of success in the matter and requested the Court to suspend
ths sentence of imprisanment pending disposal of the Revision case.
Learned Assistant Public Prosesuter contended that the Apnsiiate Court
88 properly appreciated the evidence on record and came to a correct
santiusion by holding that consent ghven by PW for having sexual
infercourse with A.t is covered by ssction 86 of IPC.
Thia Court views that the contentions raleed on behalf of the both sides
are sansidered at the time of final adjudication of the matter.
Cansidering the facts and circumstances of the case, this Court is
inclined fo pase the Following order:
Te,
65 Ort Be OS PS os
GO)
Ptr,
sent
The sentence of simple imprisonment imposed against the
PatifionariA herein, by the tial Court is suanended pending
disposal of the Criminal Revision Case, subject fo payment of
2ove Of fofal Nne amrcunt, within aixié} weeks fram the date of
receipt of thia matica,
Further, the Petifioner shail be enlarged on ball on Als
executing 3 personal bond for a sum of Rs.28,000/- (Rupees
Twenty Five Thousand only} with hve sureties for the ike sum
gach fo the satisfaction of the Additional Judicial Magistrate of
Firat Class, Yellamanchil,
in default of depasit of amount, as ordered supra, the interim
suspension granted today, ahall stand cancelled automatically
without further referenns fo tke Court."
df. K, KASIRAO ACHARI
ASSISTANT REGISTRAR
ATRUE COPY! -
£44
SECTION OFFICER
The Agsistant Sessions Judge, at Yelaranchil,
The f Additional Oisirict and Sessions Judge at Visakhanainam
Tae Superinfendent, Central Prison, Visakhanainam,
ane OG to Sri, R.Siva Sai Swarup, Advocates [OPUC}
on
Two CGes te Public Frosecutor, Nigh Court of AP [OUT
One spsre copy
oa
NIGH COURT
TMR,J
DATED: 28/4 2023
NOTE: POST THE REVISION AFTER FOUR (04) WEEKS
ORDER
iA No, 1 OF 2023 So §
j Ni ST So, x¥ \
SARS
PR,
ON,
CRLURG NG: 1708 OF 2083
DIRECTION
