Boyiti Tirupathi Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 6829 AP

Andhra Pradesh High Court - Amravati

Boyiti Tirupathi Rao vs The State Of Andhra Pradesh on 7 August, 2024

         HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
               MAIN CASE NO.: Crl.A.No.328 of 2024
                         PROCEEDING SHEET
Sl.    Date                               ORDER                              OFFICE
No.                                                                           NOTE
05. 07.08.2024 VJP,J
                                    I.A.No.2 of 2024
                       The present application is filed seeking
              suspension of imprisonment passed against the
              Petitioner    for     the   offences   punishable      under
              Sections 304(b) and 498-A of the IPC in S.C.No.13
              of 2022 on the file of the Court of VI Additional
              District and Sessions Judge, Sompeta, Srikakulam
              District, pending disposal of the Criminal Appeal.
                       Petitioner     was     sentenced   to     undergo
              imprisonment for seven years for the offence
              punishable under Section 304-B of the IPC and one
              year for the offence under Section 498-A of the IPC.
                       Learned Assistant Public Prosecutor takes
              notice for the respondent/State.

Heard learned counsel for the Petitioner/Accused No.1.

Learned counsel for the Petitioner would submit that the evidence of eye witness is not corroborated by the medical evidence, fine amount paid and the Petitioner has been in jail since the date of Judgment i.e., on 17.05.2024, they got Contd...

merits in the appeal to succeed. Learned counsel for the Petitioner would submit that the Petitioner was acquitted for the charges under Sections 3 and 4 of the Dowry Prohibition Act but convicted for the offence under Section 304-B of the IPC which is contra to the settled law. Learned counsel for the Petitioner further would submit that initially they have filed petition seeking suspension of sentence for Accused Nos.1 and 2 and a Coordinate Bench of this Court considered the case of Accused No.2 but not Accused No.1. As the Petitioner/Accused No.1 has undergone the imprisonment for the last three months, the present petition is filed seeking suspension of sentence.

In that view, considering the submissions made and taking into consideration the facts and circumstances of the case, as the present appeal may take some considerable time for disposal, it is apposite to suspend the sentence of imprisonment passed against the Petitioner/Accused No.1, pending disposal of the appeal on the following terms:

1. The Petitioner/Accused No1 shall execute personal bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties like sum each to the satisfaction of the Court of Judicial Magistrate of First Class, Pathapatnam.

2. The Petitioner/Accused No.1 shall appear before this Court when the matter is listed for final hearing.

______ VJP, J

List the matter in usual course.

______ VJP, J

JLV