Bujja Satyanarayana vs State Of Andhra Pradesh
2024 Latest Caselaw 6772 AP

Andhra Pradesh High Court - Amravati

Bujja Satyanarayana vs State Of Andhra Pradesh on 6 August, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.447 OF 2024
                          PROCEEDING SHEET

SL.     DATE                         ORDER                           OFFICE
NO.                                                                   NOTE
03.   06.08.2024 VJP, J
                                I.A.No.1 of 2024
                        The instant petition under Section
                 389(1) Cr.P.C read with Section 430(1) of
                 Bharatiya Nagarik Suraksha Sanhita has been
                 filed by the Petitioners/Accused No.1 and 2
                 seeking to suspend the sentence of rigorous
                 imprisonment of five years each for the offence
                 punishable under Section 9 (k) read with
                 Section 10 of POCSO Act, passed in Sessions
                 Case No.60 of 2019 by the Court of Special
                 Judge for trial of offences under the Protection
                 of Children from Sexual Offences Act,
                 Visakhapatnam, pending disposal of the
                 Criminal Appeal.

                       Heard Sri V.V.Satish, learned counsel
                 for the Petitioners. Sri K.Sandeep, learned
                 Assistant Public Prosecutor takes notice for
                 Respondent.

Learned counsel for the Petitioners would submit that, they have merits to succeed in the appeal. The learned trial Judge has not appreciated the evidence in proper perspective and there are clear contradictions in the evidence of P.W.1. Learned counsel would further submit that the alleged eye- witness before whom the alleged incident occurred, was not examined by the Prosecution. Learned counsel would submit that the Petitioners have been in jail from the date of the judgment and the fine amount has been paid by the Petitioners.

Learned Assistant Public Prosecutor, on instructions, would submit that all through the trial, the Petitioners were in jail and their behaviour in the jail is satisfactory. It is SL. DATE ORDER OFFICE NO. NOTE submitted that, no untoward incident has been reported against the Petitioners and Court may pass appropriate orders.

Considering the submissions made and in the facts and circumstances of the case, as the Petitioners preferred appeal challenging the validity and correctness of the impugned judgment by raising several issues and the hearing of the appeal may take considerable time, it is apposite to suspend the sentence of imprisonment imposed against the Petitioners / Accused Nos.1 and 2 on the following terms.

Accordingly, the petition is allowed and the Petitioners / Accused Nos.1 and 2 are released on bail on executing personal bond for Rs.20,000/- (Rupees Twenty thousands only) each with two sureties for the like sum each to the satisfaction of the learned Special Judge for trial of offences under the POCSO Act, Visakhapatnam. Petitioners shall appear before this Court when the matter is posted for final hearing.

_______ VJP, J

List the matter in regular course.

_______ VJP, J Dinesh