Andhra Pradesh High Court - Amravati
Between vs Unknown on 7 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
WEDNESDAY THE SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
:-PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMA! PRATAP
iA No. 3 OF 2084
IN
GRLA NO: 2703 OF 2018
Between:
Rech Salya Rao, S/o. Appala Naidu, Aged 46 years, Presently at Central
Frison, Visakhapatnam
_ , .Patifioner(s!
(Petitioner/{™ Appellant)' Accused in CRLA 2703 OF 2048
en the file of High Court}
AND
The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court af
Amaravall,
..Raespondentis}
(Respondent/Respondent Complainant inaio-}
Petition under Section $89(1) rv 437 & 439 of Cr.P.C praying that in
the circurnstances stated in the memorandum of grounds filed in support of
the petition, the High Court may be pleased to grant a Ternporary Bail to ihe
Petifioner/i" Accused for a period of twee) months in fhe abave Criminal
Appeal enable the petitioner fo take better and geod treatment from a orivate
Hospital or else the petifioner will be pul to suffer @ serious loas and hardshin.
Pending disposal of CRLA No. 2703 of 20148, on the fe of the High Court.
Gounsel for the Petitioner :-R SIVA SAI SWARUP
Course! for the Respondent -PUBLIC PROSECUTOR
The Gourt made the following
ORDER?
This interlocutory Application has been fled by Petitioner A.
under Sections S891}, 487 anc 489 of the Code of Criminal Procedure,
{973 {for short 'the Code') sesking to grant Interim ball on medical
grounds for a period of fwo months by suspending the canviction and
sentence imposed in SC No.2? of 2049 vide Judgment dated 28.08.2018
by the learned Special Judge to try Offences under NOPS Actcum-|
Additional Oistrict | Judge-cum- Metropoliian Sessions Judge,
Visakhapatnam, for the offences punishable under Section Qc) read with
Section 2O(bHiNc} of the NDOPS Act.
During the pendency of this Agpeal, PetitionerA.1 fled the present
application stating that he is suffering from subcutaneous edema of his
both legs and he has been taking treatment in King George Hospital,
Visakhapantam.
Heard Sri R.Siva Sai Swarup, learned counsel for Petitioner and
learned Additional Public Prosecutor for respondaent/State.
Learned Assistant Pulvic Prosecutor did not dispute the fact that
the petifioner has bean suffering from f-nealth. Learned Assistant
Bullic Prosecutions hag placed on record the copy of the Medical
Certificate reesived from the Oeputy Civil Surgeon, Genfral Prison
Hospital, Visakhapatnam, which reads infra;
"The said convict prisoner is suffering from (1} chronic idiopathic
lymphoedema of bath lawer limbs with inferimittent excacerbations and
iz} grade i Hiatus Nernia. He was referred to K1G.H. Visakhapatnam for
treatment and was treated as inpatient and outpatient also. He was again
referred to KGH on 17.06.2024 and was admitted! & treated as inpatient
upto 25.06.2024. He was discharged on 25.06.2024 & the KGH authorities
montioned that treatment for his condition should be carried oul in a
higher center as the same [s not available In KGH, Visakhapatnam.
However, {fis to be stated that his health candition is very fragile &
unpredictable and requires long term medication and other supportive
measures, Therefore, his case may be considered for ball on medical
grounds."
Having regard to the fact that the Petitioner/A.1 has been suffering
from it health for which he requires medical treatment, this Court is of
the considered view that the Petitioner/A.( is entitied for interim ball for
a period of byvo months from the date of his release.
Therefore, the Petitioner/A.1 shall be released on interim bail fora
period of lwo months on his executing a personal bond for a sum of
Ra 20,000/. (Rupees twenty thousand only} with two sureties for a
Nkesum each, to the satisfaction of the Superintendent, Central Prison,
Visakhapatnam. The Petitionerfa shall surrender before the
Superintendent, Central Prison, Visakhapantam, after completion of the
period of bye months from the date of his release.
Accordingly, the interlocutory Application is ordered.
Sadf- K.Srinivasa Raku
ASSISTANT REGISTRAR
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HIGH COURT
VIP
DATED IUPMS/2024
NOTE: LIST THE MATTER FOR FINAL HEARING ON 21.08.2024,
ORDER
;
i
A No, 2 OF 2094
N
CRLA NO: 2703 OF 2048
LAIS ORDERED
