Burga Venkateswarlu, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7171 AP

Andhra Pradesh High Court - Amravati

Burga Venkateswarlu, vs The State Of Andhra Pradesh, on 13 August, 2024

                     HIGH COURT OF ANDHRA PRADESH
                    MAIN CASE No: Crl.A.No.467 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 No.1
                   to release him on bail by suspending the
                   execution of sentence of imprisonment imposed
                   against the Petitioner in S.C.No.225 of 2019 on
                   the file of the Special Judge for Trial of
                   Offences against Women-cum-VIII Additional
                   District and Sessions Judge, Nellore, S.P.S.R.
                   Nellore District, dated 29.07.2024, wherein the
                   Petitioner was convicted and sentenced to
                   undergo rigorous imprisonment for a period of
                   five years for the offence punishable under
                   Section 307 r/w.34 of I.P.C. and to pay fine of
                   Rs.5000/-, in default of fine, he shall suffer
                   simple imprisonment for two months.
                         2. Heard Ms. Marella Radha, learned
                   counsel for the Petitioner/Appellant.
                         3. Sri   Md.Ameen,      learned Assistant
                   Public Prosecutor takes notice for Respondent.

4. Learned counsel for the Petitioner would submit that they have got good grounds Contd... to succeed the appeal. The alleged incident SL. DATE ORDER OFFICE NO. NOTE said to have been took place due to matrimonial disputes. Accused never entertained any idea to do away with the life of the injured. 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 any condition imposed on the Appellant. 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 during the pendency of the trial 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 satisfaction of the Judicial Magistrate of First Class, Udayagiri, S.P.S.R. Nellore District.

ii) The Petitioner shall appear before this Court when the appeal is coming up for final hearing.

______ VJP, J SL. DATE ORDER OFFICE NO. NOTE

List the matter in regular course.

______ VJP, J Note: Issue C.C.Today B/o PND