Anand Settee vs The State Of Andhra Pradesh
2024 Latest Caselaw 6771 AP

Andhra Pradesh High Court - Amravati

Anand Settee vs The State Of Andhra Pradesh on 6 August, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.94 OF 2022
                          PROCEEDING SHEET

SL.     DATE                        ORDER                           OFFICE
NO.                                                                  NOTE
07.   06.08.2024 VJP, J
                                I.A.No.1 of 2024
                        The instant petition under Section 389
                 (1) of Code of Criminal Procedure has been
                 filed by the Petitioner/Accused No.2 seeking to
                 suspend       the    sentence    of    rigorous
                 imprisonment of ten years for the offence
                 punishable under Section 20 (b) (ii) (C) read
                 with Section 8 (c) of Narcotic Drugs and
                 Psychotropic Substances Act, 1985 passed in
                 N.S.C.No.116 of 2019 by the Court of Special
                 Judge to try the offences under NDPS Act-
                 cum-I Additional District and Sessions Judge-
                 cum-Metropolitan          Sessions       Judge,
                 Visakhapatnam, pending disposal of the
                 Criminal Appeal.

                       Heard Sri Siva Prasad Reddy Venati,
                 learned counsel for the Petitioner and Sri
                 K.Sandeep,      learned    Assistant Public
                 Prosecutor for Respondent.

Learned counsel for the Petitioner / Accused No.2 would submit that, they have merits to succeed in the appeal. It is further submitted that, from the date of conviction, the Petitioner has been in jail.

Learned Assistant Public Prosecutor, would submit that the behaviour of the Petitioner in the jail is satisfactory and Court may pass appropriate orders.

Considering the submissions made and in the facts and circumstances of the case, as the Petitioner preferred appeal challenging the validity and correctness of the impugned judgment and the hearing of the appeal may take considerable time, it is apposite to SL. DATE ORDER OFFICE NO. NOTE suspend the sentence of imprisonment imposed against the Petitioner / Accused No.2 on the following terms.

Accordingly, the petition is allowed and the Petitioner / Accused No.2 shall be released on bail on executing a personal bond for Rs.20,000/- (Rupees Twenty thousands only) with two sureties for the like sum each to the satisfaction of the learned Special Judge to try the offences under NDPS Act-cum-I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Visakhapatnam. Petitioner shall appear before this Court when the matter is posted for final hearing.

_______ VJP, J

List the matter in regular course.

_______ VJP, J Dinesh