Andhra Pradesh High Court - Amravati
Shaik Khadar Masthan vs The State Of Andhra Pradesh on 14 August, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Criminal Appeal No. 482 of 2024
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
02. 14.08.2024 VJP, J
I.A.No.1 of 2024
This Interlocutory Application has been
filed by Petitioner/Appellant/Accused No.1 under
Sections 389(1) of the Code of Criminal
Procedure, 1973 (for short 'the Code') seeking
suspension of sentence of imprisonment
imposed against him in S.C.No.23 of 2018, on
the file of Special Judge for trial of offences
against Women-cum-VIII Additional District and
Sessions Judge, Nellore, wherein the petitioner
was convicted and sentenced to undergo
rigorous imprisonment of seven years for the
offence punishable U/sec.304-B r/w 34 of the
Indian Penal Code.
Heard Sri Venati Sivaprasad Reddy,
learned counsel for Petitioner and learned
Additional Public Prosecutor for
respondent/State.
Learned counsel for the Petitioner/A.1
would submit that the petitioner has good
grounds to succeed in the appeal. The
prosecution failed to establish the important
ingredients to establish the guilt of the petitioner
for the offence U/Sec.304-B of IPC i.e., the
deceased was subjected to cruelty in connection
with dowry soon before her death. It is a case
where the marriage of A.1 with deceased took
place in the year 2014. After the marriage within
two months, the husband left for Kuwait and he
came down to India just four months prior to the
alleged incident. Learned counsel further would
submit that the petitioner was on bail throughout
the trial and no untoward incident happened
during that period. Learned counsel further would
submit that he is ready to oblige the conditions
imposed by this Court. Learned counsel prays
for suspension of sentence of imprisonment
imposed against the petitioner.
Learned Assistant Public Prosecutor, on
instructions from the jail, would submit that the
conduct of the petitioner in jail is satisfactory.
The Court may pass appropriate orders.
In that view, considering the submissions
made and on perusal of the material on record to
give fair opportunity to the petitioner to challenge
the validity and correctness of the impugned
judgment of the conviction and sentence passed
against him and the petitioner was on bail
throughout the trial, and that no adverse report
received during such period, apart from that, the
disposal of the present appeal may take
considerable time, it is opposite to allow the
petition suspending the sentence of
imprisonment passed against the petitioner/ A.1
pending disposal of the appeal on the following
terms:
(i) The petitioner/Accused No.1 shall
execute personal bond for Rs.20,000/- (Rupees
twenty thousand only) with two sureties for a like
sum each to the satisfaction of the Special Judge
for trial of offences against Women-cum-VIII
Additional District and Sessions Judge, Nellore in
Sessions Case No.23 of 2018.
(ii) The petitioner/A.1 shall appear before
this Court when the matter is listed for final
hearing.
Accordingly, the Interlocutory Application is
allowed.
__________
VJP, J
PGR
