Citation : 2023 Latest Caselaw 5130 AP
Judgement Date : 19 October, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: Crl.A.No.367 of 2023 03
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
06 19.10.2023
BSB, J I.A.No.2 of 2023 This I.A. is filed under Section 389(1) Cr.P.C to enlarge the petitioner on bail by suspending the sentence imposed against him in the judgment dated 09.03.2023 in SC.No.245 of 2016 on the file of VIII Additional District & Sessions Judge, Prakasam District, Ongole pending disposal of CRLA.No.367 of 2023 on the file of this Court.
The learned counsel for the petitioner submitted that the petitioner has good grounds to succeed in the appeal and that earlier when I.A.No.1 of 2023 is disposed he could not place sufficient material to establish prima facie good grounds to win the appeal and whereas now it can be seen from Ex.P.12 shows that the deceased set ablaze by herself with fire on quarrel with husband and mother-in-law.
The learned Assistant Public Prosecutor submitted that there is no change of circumstances from the date of disposal of earlier application in I.A.No.1 of 2023, however he submitted that the conduct of the petitioner is satisfactory. 19.10.2023 In view of the submissions made on both sides and it would take further time for final disposal of the Criminal Appeal due to pendency of old matters, the petitioner can be conditionally enlarged on bail by suspending the substantive sentence of imprisonment.
In the result, I.A.No.2 of 2023 is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the VIII Additional District & Sessions Judge, Prakasam District, Ongole.
(ii) The petitioner shall appear before the Station House Officer, Ulavapadu Police Station, Prakasham District between 10:00 A.M and 1:00 P.M once in the first week of November, February, May, August every year until the disposal of Criminal Appeal or any further orders by this Court, whichever is earlier.
__________________ B.S.BHANUMATHI,J
CC by 20.10.2023 b/o NSM Crl.A.No.367 of 2023
List the matter on 30.11.2023.
_________________ B.S.BHANUMATHI,J NSM
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