Andhra Pradesh High Court - Amravati
K.Srikanth vs State Of Ap on 19 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE NINETEENTH DAY OF AUGUST,
TWO THOUSAND AND TWENTY FOUR
-PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY |
AND AC
--
THE HONOURABLE SRI JUSTICE K SREENIVASA REODY
iA No. 1 OF 2034
iN
CRLA NO: 448 OF 2019
Between:
Kolapu Srikanth, S/o Satyam, Aged about 28 years, Nelivada Village,
Ranasthalam Mandal, Srikakulam District
| _ Appellant/Accused
(Patiioner in CRLA 448 OF 2019
on the fle of High Court}
AND .
The State of Andhra Pradesh, Rep. by iis Public Prosecutor, High Court of
Andhra Pradesh at Amaravall,
.. Respondent/Complainant
(Respondents in-do-}
Petition under Section 430(1 & 2} BNSS [889C1) of CrP] is filed
praying that in the circumstances stated in memorandum of grounds of
criminal appeal, the High Court may be pleased fo suspend the execution of
the sentence passed in SC No.88 of 2018 on the fle of Sessions Judge,
Srikakulam, judgement dated 16-5-2019. and release the patitianer on bau,
pending disposal of CRLA No.448 of 2149, on the fife of the High Court.
The petition coming on for hearing, upon perusing the Petifion and
memorandum of grounds of criminal apneal and upan hearing the arguments
of oi G Vijaya Saradhi, Advocate for the Appellant and Public Prosecutor for
the Respondent, the Court mace the following:
cabatatatatetatatatetatatatatatatatatatetatstatatatatatatetatetatatetatetatatetatat
ORDER:
"The oresent aplication iS fled py the
netiiioner/appellanviAccused under Section 389 (1) of Cr.P.C., seeking
his release on ball by suspending the sentence of imprisonment
imposed by the learned Principal Seasions Judge, Srikakulam, wide
S.C.No.88 of 2048, dated 16.05.2019, pending fhe present Griminal
Appeal before this Court.
=. The learned counsel for the pelitonerfanpellant contends that
imimacdiately after pronouncenent oF judgment, the
petiionerianpellantiAccused was taken into sustedy and he is
undergoing imprisonment in Central Prison, Visakhapatnam. Ne further
santends that the petiionerfapnellani/Accused has already served five
(OS) years of actual sentence. The learned counsel for ts
petitionarfappellant further contends that as the appeal is of the year-
2079, Ht takes some more time ta came up for "Final Hearing', As
such, he requests this Court to enlarge the petitionerfanpellant/ Accused
on bal in terms of the order passed by the Combined Nigh Court in
Satchu Rangaraea and ofhers Vs The Stefe of Andhra Fradesh
(OrLA MP No. 887 of 2076 in OrLA Nobo? of 2077),
3 fin the other hand, the learned Assistant Public Prosecutor, on
instructions, states that the case of the petitionerfapnelliant/Accused has
mat fallen within the. prohibitery categories envisaged in the above
referred judgment, |
&. im view of the same, this Court is incHned to enlarge him on ball
by Suspending the sentence of imprisonment imposed by the learned
Sessions Judge pending the present Criminal Appeal.
§. The petitionerfappealiant/Accused is directed to be released an bail
on his executing a personal band for Rs.10,000/- (Runees Ten Thousand
only} with fbvo (02) sureties for a ike sum each fo the satisfaction of the
learned Judicial Magistrate of First Class, Srikakulam.
6, The petitioner/appellant' Accused is directed fo report before the
Station House Officer cancerned, once in a month ie, 1 of every
month. The petitioner/appellantiAccused is gise directed to appear
before this Court whenever the Cae Stands posted for hearing.
Pe Accordingly, with the above directions, this application is
allowed." 3
gOr & VBA BABU
ASSISTANT REGISTRAR
TRUE COPY) sect ON OFFICER
For.
To,
1. The Judicial Magistrate of First Class, Srikakulam,
=. The Principal Sessions Judge, Srikakulam
3. The Superintendent, Central Prison, Visakhapatnam.
4. The Station House Officer, J. RPuram Police Station.
5. One CC to Sri. G.Vilaya Saradhi, Advocate fORUCY
8,
Two CCs to Public Prosecutor, High Court of AP POUT)
One spare copy
ot
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iipiennaenansnannnnns ne nn enti
HIGH COURT
DATED ge 20 24
ORDER
No.l) OF £084
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ALLOWED
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