Samaya Manthula Venkateswara Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 6828 AP

Andhra Pradesh High Court - Amravati

Samaya Manthula Venkateswara Rao vs The State Of Andhra Pradesh on 7 August, 2024

         HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
               MAIN CASE NO.: Crl.A.No.473 of 2024
                         PROCEEDING SHEET
Sl.    Date                             ORDER                         OFFICE
No.                                                                    NOTE
01. 07.08.2024 VJP,J
                                    I.A.No.1 of 2024
                       The present application is filed seeking
              suspension of imprisonment passed against the
              Petitioner in S.C.No.109 of 2023 on the file of the
              Court of XIII Additional District and Sessions Judge,
              Vijayawada, pending disposal of the Criminal
              Appeal.
                       Heard Sri S.V.S.S.Siva Ram, learned counsel
              for the Petitioner.
                       Learned Assistant Public Prosecutor takes
              notice for the respondent.

Learned counsel for the Petitioner would submit that the crucial evidence which was very much available to the investigation i.e., CC TV footage was not placed on record before the trial Court. Learned counsel further submits that they got merits in the appeal to succeed in the appeal.

Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders.

The record shows, the Petitioner was on bail throughout the trial.

Contd...

Considering the submissions made and in the facts and circumstances of the case as the Petitioner preferred the present appeal challenging the validity and correctness of the Judgment of conviction for the offences punishable under Sections 328 and 379 of the IPC, it is apposite to suspend the sentence of imprisonment passed against the Petitioner since the appeal may take considerable time for disposal.

In that view, the sentence of imprisonment passed against the Petitioner is suspended on the same terms and conditions as imposed by the trial Court, pending disposal of the appeal.

______ VJP, J

List the matter in usual course.

______ VJP, J

JLV