Andhra Pradesh High Court - Amravati
Meesarapu Ashok vs The State Of Andhra Pradesh on 13 August, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A.No.472 of 2024
PROCEEDING SHEET
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NO. NOTE
02. 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.193 of 2022 on
the file of the V Additional District and Sessions
Judge-cum-Special Court for Trial of Offences
against Women, West Godavari District, Eluru,
dated 26.07.2024, wherein the Petitioner was
convicted and sentenced to undergo rigorous
imprisonment for a period of ten years and to
pay fine of Rs.5000/- for the offence punishable
under Section 376(2)(n) of I.P.C. and in default
of fine, he shall suffer simple imprisonment for a
period of two years and sentenced to undergo
simple imprisonment for a period of six months
and to pay fine of Rs.1000/- for the offence
punishable under Section 417 of I.P.C. and in
default of fine, to suffer simple imprisonment for
one month.
2. Heard D.V.V.S.S.N.H.Bhujanga Rao,
learned counsel for the Petitioner/Appellant.
Contd...
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3. Sri Md.Ameen, learned Assistant
Public Prosecutor takes notice for Respondent.
4. Learned counsel for the Petitioner/
Appellant would submit that the Accused as
well as the victim both are majors. The Alleged
incident said to have been took place and the
things transpired between them are consensual
facts. They have got good grounds to succeed
in the appeal. Accused was on bail through the
trial. No untoward incident happened during that
period. They have paid the fine amount
imposed by the trial Court and are ready to
oblige the conditions imposed by the Court.
Learned counsel finally prays to allow the
petition.
5. Learned Assistant Public Prosecutor
would submit that as per the written instructions
received, conduct of the Petitioner/Appellant in
jail is satisfactory. No untoward incident
happened when the Petitioner was on bail. The
Court may pass appropriate orders.
6. Considering the submissions made
and a fair look at the impugned judgment of
conviction, this Court is of the view that the plea
of suspension of sentence can be considered
on the following terms and conditions:
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
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NO. NOTE
satisfaction of the Judicial Magistrate of First
Class, Narasapur, West Godavari District.
ii) The Petitioner shall appear before this Court
when the appeal is coming up for final hearing.
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VJP, J
List the matter in regular course.
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VJP, J
