Andhra Pradesh High Court - Amravati
Kummukuri Nagaraju vs The State Of Andhra Pradesh, on 19 October, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No. Criminal Appeal.No.432 of 2017
PROCEEDING SHEET
Sl. OFFICE
No DATE ORDER NOTE
07. 19.10.2023 BVLNC, J
I.A.No.1 of 2020
Heard learned counsel for the
petitioner/accused No.4 and learned Special
Assistant Public Prosecutor for State.
This is an application filed to grant bail to the
petitioner/accused No.4 for the sentence ordered by
the learned Special Judge against the petitioner for a
period of Ten (10) years each and to pay fine of
Rs.1,00,000/- each in default, to suffer simple
imprisonment for a period of one year each 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/accused
No.4 would submit that the learned Special Judge
rendered the Judgment on 03.03.2017 and the
appeal was filed in the year 2017 and the
petitioner/accused No.4 is in prison from the date of
Judgment for about six (06) years and therefore, he
served sentence for a period of six (06) years out of
ten (10) years imposed on them; and the appeal is of
the year 2017, therefore, in the year 2017, there is no
possibility of the hearing the appeal which is filed in
the year 2017.
On considering the period of sentence
undergone by the petitioner/accused No.4, they may
be enlarged on bail pending appeal.
Heard the learned Special Assistant Public
Prosecutor representing the State.
Learned counsel for the petitioner/accused
No.4 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.4 has
served the sentence of six (06) years out of ten (10)
years imposed against him and as the appeal pertains
to the year 2017 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 2017 it would
take some time for disposal, this Court is of the
considered opinion that the petitioner/accused No.4
The petitioner/accused No.4 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) each with two sureties for
Crl.A.No.293 of 2017, Order dated 19.05.2020
likesum each to the satisfaction of the learned I
Additional District 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.4,
they 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.4 fails to attend
before the police authorities, the police authorities
are at liberty to seek for cancellation of bail of the
petitioner/accused No.4.
Accordingly, this application is ordered.
___________
BVLNC, J
RMD
I.A.No.1 of 2021
In the circumstances submitted in the
affidavit, the petitioner is permitted to withdraw
the application.
Accordingly, this application is disposed of
as withdrawn.
___________
BVLNC, J
RMD
Crl.Appeal No.163 of 2016
List on 08.12.2023.
___________
BVLNC, J
RMD
