Myla Laxmana Swamy, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 6587 AP

Andhra Pradesh High Court - Amravati

Myla Laxmana Swamy, vs The State Of Andhra Pradesh, on 1 August, 2024

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Crl.A.No.449 OF 2024

PROCEEDING SHEET

Sl. OFFICE DATE ORDER No. NOTE

02. 01.08.2024 VJP,J:

I.A.No.1 of 2024 This petition is filed under Section 389(1) Cr.P.C. seeking suspension of sentence of imprisonment imposed against the petitioner/sole accused in C.C.No.24 of 2018(old C.C.No.35 of 2010 on the file of Special Judge for Trial of SPE and ACB Cases, Rajamahanedravaram, wherein the appellant/accused officer was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5,000/- in default of payment of fine, to suffer simple imprisonment for three months for the offence punishable under Section7 of the Prevention of Corruption Act, 1988. He further sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.5,000/- in default of payment of fine to undergo simple imprisonment for three months for the offence punishable under Section 13(1)

(d) r/w. 13(2) of the Prevention of Corruption Act, 1988.

Learned counsel for the appellant/accused officer would submit that they got merits in the Appeal. Learned trial judge has not appreciated the evidence on record in right perspective. The fine amount has been paid by the petitioner/accused.

Since the sentence of imprisonment has been suspended by the trial Court, learned Special Public Prosecutor would submit that Court may pass appropriate orders.

In that view, since the Appeal is preferred challenging the validity and correctness of the impugned judgment, the petition is allowed. The sentence of imprisonment passed against the appellant/accused officer in C.C.No.24 of 2018 is hereby suspended pending disposal of the Appeal, on the same terms and conditions as imposed by the trial Court.

_________ VJP,J

Crl.A.No.449 OF 2024

Print the name of Smt.A.Gayathri Reddy, learned Special Public Prosecutor for ACB.

List the matter in the usual course.

_________ VJP,J

MH