Andhra Pradesh High Court - Amravati
Maligala Rambabu, A4 Odisha State ... vs The State Of Ap., Rep Pp., on 19 October, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No. Criminal Appeal.No.163 of 2016
PROCEEDING SHEET
Sl. OFFICE
No DATE ORDER NOTE
07. 19.10.2023 BVLNC, J
I.A.No.1 of 2016
Heard learned counsel for the
petitioners/accused Nos.4, 5, 6, 7 and 8 and learned
Special Assistant Public Prosecutor for State.
This is an application filed to grant bail to the
petitioners/accused Nos.4, 5, 6, 7 and 8 for the
sentence ordered by the learned Special Judge
against the petitioners 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 petitioners would
submit that the learned Special Judge rendered the
Judgment on 09.02.2016 and the appeal was filed in
the year 2016 and the petitioners/accused Nos.4, 5,
6, 7 and 8 are in prison from the date of Judgment
for about seven (07) years and therefore, they 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 petitioners/accused Nos.4, 5, 6, 7
and 8, they may be enlarged on bail pending appeal.
Heard the learned Special Assistant Public
Prosecutor representing the State.
Learned counsel for the petitioners 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 Nos.4, 5,
6, 7 and 8 have served the sentence of Seven (07)
years out of ten (10) years imposed against them 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
petitioners/accused Nos.4, 5, 6, 7 and 8.
shall be enlarged on bail pending disposal of the
appeal on executing personal bonds for a sum of
Crl.A.No.293 of 2017, Order dated 19.05.2020
Rs.25,000/- (Rupees twenty five thousand) each with
two sureties for 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 petitioners/accused Nos.4,
5, 6, 7 and 8, 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 petitioners/accused Nos.4, 5, 6,
7, and 8 fails to attend before the police authorities,
the police authorities are at liberty to seek for
cancellation of bail of the petitioners.
Accordingly, this application is ordered.
___________
BVLNC, J
RMD
I.A.No.1 of 2016
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
