Andhra Pradesh High Court - Amravati
Pyla Ramana vs The State Of Andhra Pradesh on 13 August, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A.No.367 of 2024
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
03. 13.08.2024 VJP, J
I.A.No.1 of 2024
The instant petition under Section 389(1)
of the Code of Criminal Procedure read with
Section 430(1) of BNSS Act, 2023, has been
filed by the Petitioner/Appellant/Accused to
release him on bail by suspending the
execution of sentence of imprisonment imposed
against the Petitioner in S.C.No.69 of 2019 on
the file of the Principal District and Sessions
Judge, Visakhapatnam, wherein the Petitioner/
Appellant was convicted and sentenced to
undergo rigorous imprisonment for a period of
ten(10) years for the offence punishable under
Section 304 Part II of I.P.C. and also to pay fine
of Rs.10,00,000/-, in default of fine, to suffer
simple imprisonment for a period of 12 months.
2. Heard Sri Poolla Sravanth, learned
counsel for the Petitioner/Appellant.
3. Sri Md.Ameen, learned Assistant
Public Prosecutor takes notice for the State/
Respondent.
4. Learned counsel for the Petitioner/
Appellant would submit that originally the case
was lodged against the Appellant for the Contd...
SL. DATE ORDER OFFICE
NO. NOTE
offence punishable under Section 302 I.P.C.
After due trial, learned trial Judge found the
Accused guilty for the offence punishable under
Section 304 Part II of I.P.C. and imposed
rigorous imprisonment for a period of ten years
and to pay fine of Rs.10,00,000/-.
5. Learned counsel further would submit
that the alleged incident said to have been
occurred at the spur of the moment under the
grave and severe provocation. They have got
good grounds to succeed the appeal. Appellant
has no intention or knowledge to cause death of
the deceased. The fine amount imposed
against the Appellant is a huge amount.
Appellant possessed Ac.1-80 cents of land and
Rs.50,000/- cash in his Bank Account, as
submitted by the prosecution before the trial
Court. He has ailing wife, old aged mother of 81
years and an unmarried daughter.
6. The counter filed by the State would
show the light threaten to the witnesses, in case
of his release on bail. But the fact remains that
the Appellant was on bail since 03.01.2015 till
the date of the judgment i.e., 10.06.2024. No
untoward incident happened during such
period. Learned counsel finally submits that
except the present case, there are no criminal
cases pending against the Appellant. They are
SL. DATE ORDER OFFICE
NO. NOTE
ready to oblige any conditions and ready to
deposit a part of the fine amount to show their
bonafides within a particular time. Learned
counsel prays for release of the Appellant on
bail suspending the sentence of imprisonment
as well as fine.
7. Learned Assistant Public Prosecutor
would submit that the counter may be treated
as their arguments.
8. As can be seen from the counter, the
Inspector of Police expressed fear about the
lives of the witnesses in the hands of the
Accused. As rightly, put by the learned counsel
for the Appellant, Appellant was on bail from
03.01.2015 to 10.06.2024 i.e., the date of
judgment. No untoward incident happened in
the village during that period.
9. Considering the submissions made
and on keen perusal of the material on record,
the background in which the alleged incident
occurred, it is apposite to suspend the sentence
of imprisonment and fine imposed against the
Petitioner/Appellant on the following terms:
i) The Petitioner shall execute a personal bond
of Rs.20,000/- (Rupees Twenty thousand only)
with two sureties for a like sum each to the
satisfaction of the Principal District and
Sessions Judge, Visakhapatnam.
SL. DATE ORDER OFFICE
NO. NOTE
ii) The Petitioner shall deposit 1/4th of the fine
amount within a period of four (4) weeks from
the date of release of the Petitioner on bail
before the trial Court.
iii) The Petitioner shall appear before this Court
when the appeal is coming up for final hearing.
10. With the above conditions, the
petition is allowed, suspending the sentence of
imprisonment including fine, pending disposal of
the appeal.
______
VJP, J
List the matter in regular course.
______
VJP, J
PND
