Kancharla Bindu vs The State Of Andhra Pradesh
2024 Latest Caselaw 6720 AP

Andhra Pradesh High Court - Amravati

Kancharla Bindu vs The State Of Andhra Pradesh on 5 August, 2024

         HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
               MAIN CASE NO.: Crl.A.No.369 of 2024
                          PROCEEDING SHEET
Sl.    Date                              ORDER                           OFFICE
No.                                                                       NOTE

02. 05.08.2024 VJP,J

                                  I.A.No.1 of 2024
                       This petition is filed to condone the delay of
              87 days in filing the Crl.A.No.369 of 2024.
                       Heard learned counsel for the Petitioner.
                       Learned Assistant Public Prosecutor takes
              notice for the respondent.

Considering the reasons for the delay caused in preferring the appeal and in the interest of justice, the petition is allowed.

______ VJP, J I.A.No.2 of 2024 The petition is filed seeking suspension of sentence of imprisonment imposed against the Petitioner/Accused No.1 in S.C.No.169 of 2018 for the offence under Section 306 read with 34 of the IPC.

Learned Assistant Public Prosecutor takes notice for the respondent.

Learned counsel for the Petitioner would submit that all the prosecution witnesses are family Contd.... members of the deceased, no independent witness was examined. Accused No.1 is the wife of the deceased, she has nothing to do with the offence. They got merits in the appeal. Learned counsel further submits that fine amount has been paid. Petitioner has been in jail on conviction since the date of Judgment i.e., on 01.02.2024.

Considering the submissions made and in the facts and circumstances of the case, it is a case that the husband committed suicide alleging that wife had illegal intimacy with some other. As the Petitioner has been in jail since the date of Judgment and hearing of appeal may take considerable time, it is apposite to suspend the sentence of imprisonment passed against the Petitioner/Accused No.1.

1. The Petitioner shall execute a personal bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for like sum each to the satisfaction of the Court of I Metropolitan Magistrate, Vijayawada.

2. The Petitioner shall appear before this Court at the time of the final hearing of the appeal.

______ VJP, J

List the matter in usual course.

______ VJP, J

JLV