Andhra Pradesh High Court - Amravati
Patibandla Gabriel, 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 oS
'PRESENT: ©
THE HONOURABLE SRI JUSTICE K SURESH REDDY
AND
THE HONOURABLE SRI JUSTICE Kk SREENIVASA REDDY
iA No. 2 OF 2024 co
IN }
GCRLA NO: 716 OF 2O19 ~
Between:
Patibandla Innaiah, Syo. Balasowrl, aged sbout 44 years, Occ: Ris.
Patibandia Village, Pedakurapadu Mandal, Guntur District 7
._Petitioner/Appallant/Accused No.2
(Peilioner in CRLA 716 OF 201g
an the fle of High Court}
AND
The State of Andhra Pradesh, rep. by Hts Public Prosecutor, High Court of AP
at Arnaravail,
.. Respondent/Respondent
(Respandents in-do-}
Counsel for the Petitioner > SREV R REODY KOVVUR!
Counsel for the Respondent :PUBLIC PROSECUTOR {AP}
ig fled praying thet in the circumstances stated in the Memorandum of
grounds filed In support of the Criminal Petition, the High Court may be
Pleased fo enlarge the meltioner on bail by suspending Ais sentence in
S.G.No.742 of 3011 on the file of the Court of the V Addi. District & Sessions
Judge at Guntur, Panding disposal of CRLA No. 746 of 2079. on the Ale of
the High Court.
Fhe court while tHrecting issue of notice ip the Respondents herein to
et }
SHOW cause gs to why this application should not be compiled with, made the
folowing order (The recel ipt of this ordar wil be deemed fo be the receint of
naice in the case}.
ORDER
. "The present application is fled by the petitioner/appellant/A 4
under Section 389 (1) of CrP.c., seeking his release on ball by
suspending the sentence of imorisonment imposed by the fearned ¥
Additional District and Sessions Judge, Guirtur, FAC, Ho Additional
District & Sessions Judge, Guntur, vide S.C LNo 742 of 2011, dated
30.07.2079, pending the present Criminal Appeal before this Court.
2 The learned counsel for the petitionerfappellant contends that
immediately after pronouncement af judgment, the
pettionerappell lantviA4d was taken into custody and he is undergoing
imprisonment in Central Prison, Rajahmundry. He further contends that
the petiflonerfanoellant/A.4 has already served five (08) years of actual
sentence. The learned counsel for the petitioner/appellant further
contends that as the appeal | is of the year2019, HN takes some more tim
to come up for "Final Heari ing'. As such, he requests this Court to
enlarge the petitionerfappellantiA.d on ball in terms of the order passed
by the Combined High Court in Batchu Rangarao and others Vs ihe
State of Andhra Pradesh (Cri A.MLP.No 687 of 2076 in Or A. No.0? of
2077).
3. On the other hane, the learned Assistant Public Prasecutor, on
instructions, states thet the case of the peltionerfappellant/Ad has not
fallen within the nrohibliory categories envisaged in the above referred
judgment.
a, in view of the same, this Court is inclined to enlarge Hiri on bail
by Suspending the sentence of imprisonment imposed by the learned
Sessions Judge pending the present Criminal Appeal,
§. The petitioneriappellant/A4 Is directed to be released on ball on
his executing a personal band for Rs.20,000/- (Rupees Twenty Thousand
only) with two (02) sureties for a like sum each to the satisfaction of the
learned ff Additional Junior Civil Judge, Sattanapalll.
8. The petitioner/fappellant/A.4 is directed to report before the
Station House Officer concerned, once in & month Le, 1 of avery
month. The petitioner/appellant/A.4 is also directed to appear before this
Court whenever the case stands posted for hearing.
7. Accordingly, with the above directions, this application is
allowed."
st FANT REGISTRAR
TRUE COPYH SECTION OFFICER
F
To,
4 eli Additional Civil Judge(Junior Hivision), Sattenapalll.
> The V Addl. District & Sessions Judge al Guntur.
3. The Superintendent, Central Prison, Rajahmundery.
4. The SHO., Amaravathi Circle F.o., Guimtur District.
5. OneCC io SRIV BR REDDY KOVVUR' Advacate fOPUC)
6. Two COs to PUBLIC PROSECUTOR, High Court of ALPTOUT]
7. Two Spare caries.
HIGH COURT
KSRS &
SRK J
DATED ag/sog4
BAILORDER
iA No. 2 OF 2034
iN
CRLA NO: 718 OF ga
ALLOAVED
