Chekurumilli Yesu Babu vs State Of Andhra Pradesh
2024 Latest Caselaw 7215 AP

Andhra Pradesh High Court - Amravati

Chekurumilli Yesu Babu vs State Of Andhra Pradesh on 14 August, 2024

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                     Criminal Appeal No. 503 of 2024

                             PROCEEDING SHEET

Sl.                                                                              OFFICE
        DATE                                 ORDER
No.                                                                               NOTE

01.   14.08.2024   VJP, J
                                         I.A.No.1 of 2024

                          This Interlocutory Application has been
                   filed by Petitioner/Appellant/Accused No.2 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 POCSO Sessions Case
                   No.172 of 2020, on the file of Special Court for
                   Speedy Trial of Offences under the Protection of
                   Children   from        Sexual   Offences       Act,    2012
                   (POSCO ACT), East Godavari at Kakinada,
                   wherein    the    petitioner        was    convicted   and
                   sentenced to undergo rigorous imprisonment of
                   one year and to pay fine of Rs.5,000/- for the
                   offence punishable U/sec.4 of Dowry Prohibition
                   Act.
                          Heard Sri M. Solomon Raju, learned
                   counsel for Petitioner and learned Additional
                   Public Prosecutor for respondent/State.

Learned counsel for the Petitioner/A.2 would submit that the petitioner has good grounds to succeed in the appeal. The petitioner has paid the fine amount. The petitioner was on bail throughout the trial and no untoward incident

happened during that period. Learned counsel further would submit that the sentence of imprisonment was suspended by the Trial Court and the disposal of the present appeal may take considerable time. Learned counsel prays for suspension of sentence of imprisonment imposed against the petitioner.

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.

Considering the submissions made and a fair look at the material placed on record that the petitioner was on bail throughout the trial and no untoward incident happened during that period, part from that the petitioner preferred appeal challenging the validity and correctness of the impugned judgment, the petition is allowed. The sentence of imprisonment passed against the petitioner/appellant/A.2 in POCSO Sessions Case No.172 of 2020, is hereby suspended pending disposal of the appeal, on the same terms and conditions as imposed by the Trial Court.

Accordingly, the Interlocutory Application is allowed.

__________ VJP, J

PGR