Citation : 2024 Latest Caselaw 7717 AP
Judgement Date : 27 August, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.917 of 2023
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER NOTE
No.
02. 27.08.2024 KSR,J & SRK,J
(per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.1 of 2023
Heard both sides.
For the reasons stated in the affidavit filed in
support of this application, delay of 30 days in
representing the present Criminal Appeal is hereby
condoned.
Crl.A.No.917 of 2023
Admit.
I.A.No.2 of 2023
As the petitioner/appellant No.3/Accused No.4
was convicted for the offence punishable under Section
302 IPC and sentenced to undergo imprisonment for
"LIFE", this Court is not inclined to enlarge the
petitioner/appellant/Accused on bail by suspending the
impugned judgment at this stage.
Accordingly, this application is dismissed.
I.A.No.2 of 2024
The present application is filed under Section
389(1) Cr.P.C. seeking to enlarge the
petitioner/Appellant No.3/Accused No.4 on interim bail
for a period of 12 days commencing from 26-08-2024 to
2
06-09-2024
.
The learned counsel for the petitioner/appellant No.3/Accused No.4 submits that the petitioner is accused No.4. Accused No.1 to 10 in S.C.No.657 of 2010 on the file of VIII Additional District and Sessions Judge, Prakasam at Ongole were convicted under Sections. 148, 324, 302 IPC and were sentenced to undergo imprisonment for 'LIFE' besides fine.
Aggrieved against the conviction and sentence, the appellants/Accused Nos.2 to 4 herein have filed the present Criminal Appeal. In the present Criminal Appeal, the present application i.e., I.A.No.2 of 2024 has been filed by the petitioner/appellant No.3/Accused No.4 on the ground that initially the petitioner got married to one Paladugu Raji and during their wedlock, both of them blessed with a child by name Hitha Sri Chowdary. All of them lived happily for some time. Thereafter, the said Paladugu Raji died in the year 2016. For the welfare of Hitha Sri Chowdary, the petitioner got married to another lady by name Mandla Pavani and both of them again blessed with a male and female child. Further, It is submitted by the learned counsel for the petitioner that the petitioner's 2nd wife viz., Mandla Pavani is going to celebrate Vooni Function (half saree function) to the demised 1st wife's daughter by name Hitha Sri Chowday on 28.08.2024 as per the tradition and culture of their family. In that connection, invitation cards have been distributed to the relatives. Therefore, the presence of the petitioner is very much needed to bless his daughter on this occasion. Hence, he requests this court to enlarge the petitioner on an interim bail for a period of 12
days.
On the other hand, the learned Public Prosecutor opposed the present application.
In view of the above facts and circumstances and having regard to the fact that the half-saree function is going to be celebrated on 28-08-2024, this court consider it apposite to grant interim bail to the petitioner/appellant No.3/Accused No.4 for a period of two days i.e., on 28-08-2024 and on 29-08-2024, on his executing personal bond for an amount of Rs.20,000/- (Rupees Twenty Thousand only) with two (2) sureties for a like sum each to the satisfaction of the Superintendent, Central Prison, Nellore. Further, the petitioner/appellant No.3/ Accused No.4 is directed to surrender before the Superintendent, Central Prison, Nellore on or before at 5.00 P.M on 29-08-2024 without fail.
Accordingly, with the above direction, the present application is disposed of.
__________________ K.SURESH REDDY,J
______________________ K.SREENIVASA REDDY,J SABI/TSNR
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