Posagadi Appalaswamy vs The State Of Andhra Pradesh
2024 Latest Caselaw 7214 AP

Andhra Pradesh High Court - Amravati

Posagadi Appalaswamy vs The State Of Andhra Pradesh on 14 August, 2024

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      Main Case : Criminal Appeal No. 481 of 2024

                            PROCEEDING SHEET

Sl.                                                                     OFFICE
        DATE                           ORDER
No.                                                                      NOTE
                   VENKATA JYOTHIRMAI PRATAPA, J
02.   14.08.2024
                                   I.A.No.1 of 2024
                           This Interlocutory Application has been
                   filed   by   Petitioner/Accused     No.3    under
                   Sections 389(1) of the Code of Criminal
                   Procedure, 1973 (for short 'the Code') seeking
                   to grant bail to him by suspending the
                   conviction    and    sentence     imposed     vide
                   Judgment, dated 01.08.2024, passed in CC
                   No.31 of 2014, on the file of the Court of the
                   Principal Special Judge for CBI Cases, FAC-I
                   Additional Special Judge for CBI Cases,
                   Visakhapatnam,      pending     disposal   of this
                   Appeal.
                           Heard Sri Anand Seshu Popuri, learned
                   counsel for Petitioner and learned Additional
                   Public Prosecutor for respondent/State.

Learned counsel for the Petitioner/A.3 would submit that the Petitioner/A.3 lost his job because of the present case in the year 2013. When the Petitioner/A.3 is ready and willing to pay the fine amount of Rs.6,000/- imposed on him, the Trail Court did not receive the same as the Petitioner/A.3 could not pay the amount of Rs.8,53,000/-. On that

ground, the Learned Trial Court refused to receive the fine amount of Rs.6,000/-. Learned counsel further would submit that in the present case charge sheet has been filed basing on the departmental enquiry report. Learned counsel further submits that the Learned Trial Court did not consider the evidence in proper perspective and that the punishment imposed on the Petitioner is below five years and that the Petitioner has got good grounds to succeed in this Appeal.

Learned Assistant Public Prosecutor did not dispute the fact that the Petitioner has been in Jail. Learned Assistant Public Prosecutor submits that the Court may pass appropriate orders.

Having regard to the fact that the Petitioner/A.3 has been confined to Jail and nothing has been attributed against him and that the appeal is preferred challenging the validity and correctness of the impugned Judgment and the appeal may take considerable time for disposal, it is apposite to suspend the sentence of imprisonment imposed on the Petitioner including the fine amount imposed on him by the Trial Court and he is entitled to be enlarged on bail on the following lines:

(i) The Petitioner/A.3 shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty

thousand only) with two sureties for a like sum each to the satisfaction of the Court of Principal Special Judge for CBI Cases, FAC-I Additional Special Judge for CBI Cases, Visakhapatnam.

(ii) The Petitioner/A.3 shall deposit the fine amount of Rs.6,000/- before the Trial Court.

(iii) The Petitioner/A.3 shall appear before this Court as and when his presence is required.

Accordingly, the Interlocutory Application is ordered.

_________________________________ VENKATA JYOTHIRMAI PRATAPA, J

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