Citation : 2024 Latest Caselaw 7268 AP
Judgement Date : 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 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY iA No. 1 GF 2023 iN CRLA NO: 1562 OF 2017 Satween: Barla Pydiraju, S/o. Ramana, aged 30 years, R/o. Sramnagar Galany, Venkatapuram, Eluru, West Godavad Disterict, Petitioner?" AppsllantiA-S (Petitioner in CRLA 1562 OF 2017 an the fle of High Court} AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High court of Ameravath.. .. Respondent/Respondent/Complaiant | (Respondents in-do-} Petition under Section 3891} of CrP.G is fled praying that in the circumstances stated In memorandum of grounds of criminal appeal, the High Court may be pleased to release the petitioner on ball in Cri A No. 1582/2017 before this Hor'ble Court by suspending the judgment passed in S.C.No.203 of 2012 by the Court of | Additional District and Sessions Judge, Eluru, West Godavari District, Andhra Pradesh, dated 30-10-2017, pending disposal of CRLA No. 1582 of 2017, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal agpnesl and the order of the High Court dated 30.01.2020, 27.10.2021, 25.12 2021 & 21.12.2092 made herein and SEAS SERS upon hearing the arguments of Dr halla Srinivasa Reddy, Advucate for the Appellant and Public Prosecutor for the Respondent, the Court made the foflowitig! ORDER:
"The prasent application is fled by the petitionerfappellanl/AS under Section 389 (4) of Cr.P.C., seeking his release on ball by suspending the sentence of imprisonment imposed by the fearned | Addifional District & Sessions Jinige, West Godavari, Fluru ide SC .Nos. 2092012 & 223/207, dated 30.10.2017, pending the present
Criminal Appeal before this Court,
g. The learned counsel for the petitionerfappellant contends that immadiately after pronauncerment of judgment, the
netitionerfappellantiA.S was taken into custody and he is undergoing imprisonment in Central Prison, Ralamahendravaram. He further contends that the petitioneriappellant(A.S has already served six {08} years of actual sentence. The igsarned counsel for the petitioneriappeliant further contends that as the apneal is of the year- 2017, if takes some more time fo came up for "Final Hearing". As such, he requests this Court to enlarge the netitionerfappellanviA.T on ball in terms of the order passed by the Combined High Court in Bafchy Rangarao and others Vs The State of Ancihra Pradesh (Cr. AM. P.No 16a? of 2078 in CrLA.No.60F of 207%}.
3. On the other hand, the learned Assistant Public Prosecutor, an instructions, states that the case of the petitionerfappellantA.5 has not fallen within the prohibltory categories envisaged In the above referred judgment.
a, in view of fhe same, this Court is inclined to enlarge him on ball by suspending the sentence of imprisonment imposed by the learned
Sessions Judge sending the present Criminal Appeal.
§.
The paetitionerfappellant/A.5 is directed to be released on ball on
his executing a personal bond for Rs.20,000/- iRupees Twenty Thousand
anly) with two (02) sureties for a {ike sum each fo the satisfaction of the
learned H Additional Judicial Magistrate of First Class, Eluru.
8,
The petitioner/appellanviA.S is directed to report befors the:
Station House Officer concerned, once in a month na, 1 of every
month. The petitioner/appellani/A.S is also directed to appear before this
Court whenever the case stands posted for hearing.
Pi,
Accordingly, with the above directions, this application is
allowed."
To,
SDI- A. VIGAYA BABU.
ASSISTANT REGISTRAR ATRUE COPYI! Phe wo
fe SECTION OFFICER
. The } Additional Judicial First Class Magistrate, Eluru.
| Additional District and Sessions Judge, Eluru, West Godavari [istrict The Superintendent, Central Prison, Ralahmundry.
The Station House Officer, Eluru il Town Law and Order Polles Station. One CG to Sri. Or Challa Srinivasa Reddy, Advocate fOPUC)
Two GCs to Public Prosecutor, High Court of AP jQUT]
Two spare copies
HIGH COURT
PATED TSR 2024
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