Kodamanchali Rajendra Prasad vs The State Of Andhra Pradesh
2024 Latest Caselaw 7217 AP

Andhra Pradesh High Court - Amravati

Kodamanchali Rajendra Prasad vs The State Of Andhra Pradesh on 14 August, 2024

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      Main Case : Criminal Appeal No. 480 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.1   under
                   Sections 389(1) of the Code of Criminal
                   Procedure, 1973 (for short 'the Code') seeking
                   to grant bail 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-cum-FAC-I Additional
                   Special Judge for CBI Cases, Visakhapatnam,
                   pending disposal of this Appeal.
                           Heard Ms.Kamala Kunapuli, learned
                   counsel for Petitioner and learned Additional
                   Public Prosecutor for respondent/State.

Learned counsel for the Petitioner would submit that the Petitioner was lodged in Central Prison, Visakhapantam and that he paid the fine amount imposed on him before the Trial Court and that he is innocent of the offence. Learned counsel submits that the Trial Court did not consider the evidence in proper perspective and that the punishment imposed on the Petitioner for the alleged offences 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.1 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 and he is entitled to be enlarged on bail on the following lines.

The Petitioner/A.1 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 likesum each to the satisfaction of the Court of Principal Special Judge for CBI Cases, FAC-I Additional Special Judge for CBI Cases, Visakhapatnam. The Petitioner shall appear as and when his presence is required.

Accordingly, the Interlocutory Application is ordered.

_________________________________ VENKATA JYOTHIRMAI PRATAPA, J PGR/Mjl/* CC by today