Andhra Pradesh High Court - Amravati
Vanthala Gosiram A1 ... vs The State Of Andhra Pradesh, Rep ... on 19 October, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No. Criminal Appeal.No.964 of 2016
PROCEEDING SHEET
Sl. OFFICE
No DATE ORDER NOTE
14. 19.10.2023 BVLNC, J
I.A.No.1 of 2023
Heard learned counsel for the
petitioner/accused No.1 and learned Special
Assistant Public Prosecutor for State.
This is an application filed to grant bail to the
petitioner/accused No.1 for the sentence ordered by
the learned Special Judge against the petitioner for a
period of Ten (10) years and to pay fine of
Rs.1,00,000/- each in default, to suffer simple
imprisonment for a period of two years for the offence
punishable under Section 8 (c) read with Section 20
(b) (ii) (C) of the NDPS Act, 1985.
The learned counsel for the petitioner would
submit that the learned Special Judge rendered the
Judgment on 20.09.2016 and the appeal was filed in
the year 2016 and the petitioner/accused No.1 is in
prison from the date of Judgment for about seven (07)
years and therefore, he served sentence for a period
of seven (07) years out of ten (10) years imposed on
them; and the appeal is of the year 2016, therefore, in
the year 2016, there is no possibility of the hearing
the appeal which is filed in the year 2016.
On considering the period of sentence
undergone by the petitioner/accused No.1, he may be
enlarged on bail pending appeal.
Heard the learned Special Assistant Public
Prosecutor representing the State.
Learned counsel for the petitioner submits that
this Court earlier in several cases while applying the
proposition laid down by the Hon'ble Apex Court
rendered in Mohd. Arif alias Guddu vs. State NCT
of Delhi1 in the similar circumstances suspended the
sentence of the accused in NDPS Act and enlarged
them on bail.
Perused the orders rendered by this Court
earlier in Criminal Appeal Nos.278 of 2020, 279 of
2020 and 265 of 2020, wherein this Court suspended
the sentence and enlarged the accused on bail.
Considering the fact that the accused No.1 has
served the sentence of Seven (07) years out of ten (10)
years imposed against him and as the appeal pertains
to the year 2016 and also considering the fact that
the appeals pertain to the years 2006, 2007, 2008,
2009 and 2010 are now being listed for hearing and
as the present appeal is of the year 2016 it would
take some time for disposal, this Court is of the
considered opinion that the petitioner/accused No.1.
The petitioner/accused No.1 shall be enlarged
on bail pending disposal of the appeal on executing
personal bonds for a sum of Rs.25,000/- (Rupees
twenty five thousand) with two sureties for likesum to
the satisfaction of the learned I Additional District
Crl.A.No.293 of 2017, Order dated 19.05.2020
and Sessions Judge-cum-Special Sessions Judge for
Trial of the Cases under the Narcotic Drugs and
Psychotropic Substances Act, 1985, Rajahmundry.
After release of the petitioner/accused No.1, he
shall report before the concerned Police authorities
for first period of every month between 10.00 a.m.,
and 12.00 p.m., till the disposal of the appeal. If the
petitioner/accused No.1 fails to attend before the
police authorities, the police authorities are at liberty
to seek for cancellation of bail of the petitioner.
Accordingly, this application is ordered.
___________
BVLNC, J
RMD
Crl.Appeal No.964 of 2016
List on 08.12.2023.
___________
BVLNC, J
RMD
