Korapati Nageswara Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 7475 AP

Andhra Pradesh High Court - Amravati

Korapati Nageswara Rao vs The State Of Andhra Pradesh on 21 August, 2024

                     HIGH COURT OF ANDHRA PRADESH
                    MAIN CASE No: Crl.A.No.252 of 2024
                               PROCEEDING SHEET

SL.     DATE                                ORDER                             OFFICE
NO.                                                                            NOTE
04.   21.08.2024   VJP, J
                                       I.A.No.2 of 2024
                            The instant petition under Section 389(1)
                   of the Code of Criminal Procedure read with
                   Section 430(1) of BNSS Act, 2023, has been
                   filed by the Petitioner/Appellant/Accused No.2,
                   to release him on bail by suspending the
                   execution of sentence of imprisonment imposed
                   against the Petitioner in S.C.No.3 of 2023 on
                   the file of IV Additional Metropolitan Sessions
                   Judge, Vijayawada, wherein the Petitioner/A2
                   was convicted for the offence punishable under
                   Section 394 I.P.C. and sentenced to undergo
                   rigorous imprisonment          for a period of seven
                   years and to pay fine of Rs.1000/-, in default, to
                   suffer simple imprisonment for a period of three
                   months.
                            Heard     Sri   Surepalli    Madhava     Rao,
                   learned counsel for the Petitioner.
                            Ms.K.Priyanka         Lakshmi,        learned
                   Assistant Public Prosecutor takes notice on
                   behalf of the State/Respondent.

Learned counsel for the Petitioner/ Appellant would submit that Petitioner has been in jail serving sentence since 09.11.2021. Learned counsel further would submit that SL. DATE ORDER OFFICE NO. NOTE appeal may take considerable time. They have good grounds to succeed in the appeal.

Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders, since appeal may take considerable time.

Considering the submissions made and a fair look at the material placed on the record, the Petitioner preferred the present appeal challenging the validity and correctness of the impugned judgment and he has undergone imprisonment almost for a period of three years. Apart from that, the disposal of the present appeal may take considerable time. Hence, it is desirable to release the Petitioner on bail.

In that view, the petition is allowed, suspending the sentence of imprisonment imposed against the Petitioner on the following conditions.

i) The Petitioner shall execute a personal bond of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for a like sum each to the satisfaction of the IV Additional Metropolitan Sessions Judge, Vijayawada.

ii) The Petitioner shall appear before this Court when the appeal is coming up for final hearing of the appeal.

                                                      ______
                                                       VJP, J
 SL.   DATE                       ORDER                           OFFICE
NO.                                                               NOTE

List the matter in regular course.

______ VJP, J PND