N.Pothuraju vs State Of Ap
2024 Latest Caselaw 7258 AP

Citation : 2024 Latest Caselaw 7258 AP
Judgement Date : 19 August, 2024

Andhra Pradesh High Court - Amravati

N.Pothuraju vs State Of Ap on 19 August, 2024

Author: K Suresh Reddy

Bench: K Suresh Reddy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
MONDAY, THE NINETEENTH DAY OF AUGUST,

TWO THOUSAND AND TWENTY FOUR
:-PRESENT: ;
THE HONOURABLE SRI JUSTICE K SURESH REDDY:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

iA No, 7 OF 2024
iN
CRLA NO: 327 OF 2019
Between:
Nalamati Pothurajlu, S'o Late Prakasa Rao, aged about 39 years, Rio. SVP
Nager, Kobbarithota, Near Chepala Bazar, Visakhapatnam
..AppellantiAccused-1
AND

The State of Andhra Pradesh, rep by iis Public Prosecutor, High Court of
Andhra Pradesh At Amaravathi

wo mespondent/Defacto Complainant

Petition under Section 4301) of BNSS 2023 (Old Section, Under
S68C)) of GrPC, 1973) praying that in the circumstances stated in the
memorandum of grounds fled in support of the petifion, the High Court may
be pleased May be please fo Suspend of Sentence passed in S.C.No. 150 of
2913 on the fils of the Vi Additional District and Sessions Judge-Cum-Mahila
Court, Visakhapatnam Dated 20-09-2019 and At is sentenced to underge Iife
. imprisonment for the offence punishable under section 302 IPC and also pay
fine amount of Rs.20,000/ and in default of payrnent of find petitioner js
directed to undergo simple imprisonment for six months, under section: 204
IPC for period of Qyears and alsa ta pay find amount Ra. S.060/- and in default

of payment of fine the petitioner is directed fo undergo simple imprisonment of



NS
s

three months. Pending disposal of ORLA No. S27 of S019, an the fle of the

High Court,

Gounsel for the Petitioner  <: Sri KARUMANU JOU!) AMRUTHA RAHI
Counsel for the Respondent : PUBLIC PROSECUTOR (AP)

The Court made the following

ORDER:

| "The present application is fled by the petilioneranpellantiaA.t

under Section 369 (1) of Cr.P.G., seeking fils release on ball by suspending the sentence of imprisonment imposed by the learned Vi Additional District & Sessions Judge-cum-Mahila Court, Visakhapatnam, vide 8.C.No.189 of 2015, dated 20.03.2019, pending the sresent Criminal

Appeal before this Court.

a. The learned counsel for the petiionerfappellant contends that inmediately after pronouncement of judament, the petitionarfappellantiA.? was taken Info custody and he is undergoing imprisonment in Central Prison, Visakhapatnam. He further contends that the peliionerfappellant/A.l has already served five (05) years of actual sentence. The learned counsel for the petitioner/appellant further contends thal as the appeal fs of the year-2016, i takes some more time te come up for "Final Hearing". As such, he requests this Court to enlarge the petitioner/appellant/A.1 on ball in terms of the order passed by the Combined High Courl in Bafehu Rangarac and others Vs Phe State of Andhra Pradesh (Crh aA.MLP.No. 168? of 2076 in CrLA. Ao. 807 of

2099),

3. On the other hand, the learned Assistant Public Prosecuter, an instructions, states that the case of the pelilioner/appellanvA.1 has not fallen within the prohibitery categories envisaged in the above referred

judgment.

4, in view of the same, this Court is inclined to enlarge him on bail by suspending the sentence of imprisonment imposed by the learned

Sessions Judge pending the present Criminal Appeal.

3 The petitionerfappellant/A.1 is directed to be released on ball on his executing a personal bond for Rs.10,000/- (Rupses Ten Thousand only) with two (02) sureties for a like sum each to the satisfaction of the isarned H Additional Chief Magistrate Court, Visakhapatnam.

8. The petitioner/fappellanvA.] is directed to report before the

Station House Officer concerned, once in a month Le, 1° of every month, The petitionerfappellant/A.? is also directed to appear before this

Gourt whenever the case stands posted for hearing.

ie Accordingly, with the above directions, this application is

allowed,"