Madda Praveen Kumar Nani vs The State Of Andhra Pradesh
2024 Latest Caselaw 7720 AP

Andhra Pradesh High Court - Amravati

Madda Praveen Kumar Nani vs The State Of Andhra Pradesh on 27 August, 2024

                     HIGH COURT OF ANDHRA PRADESH
                    MAIN CASE No: Crl.A.No.504 of 2024
                             PROCEEDING SHEET

SL.     DATE                            ORDER                            OFFICE
NO.                                                                       NOTE
02.   27.08.2024   VJP, J


                                    I.A.No.1 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 to
                   release   him   on   bail   by    suspending    the
                   execution of sentence of imprisonment imposed
                   against the Petitioner in S.C.No.56 of 2022 on
                   the file of the V-Additional District and Sessions
                   Judge-cum-Special Court for trial of offences
                   against women, West Godavari, Eluru, dated
                   24.07.2024,     wherein     the   Petitioner   was
                   convicted for the offence punishable under
                   Section 420 of IPC and sentenced to undergo
                   simple imprisonment for a period of four years
                   and also sentenced to pay fine of Rs.5,000/-.
                         Heard Sri K.Apparao, learned counsel for
                   the Petitioner and Ms. K.Priyanka Lakshmi,
                   learned Assistant Public Prosecutor for the
                   State/Respondent.

Learned counsel for the Petitioner would submit that there are good grounds to succeed in the appeal, the petitioner was on bail Contd...

 SL.     DATE                              ORDER                             OFFICE
NO.                                                                          NOTE

throughout the crime. Accused was acquitted 27.08.2024 for the offence punishable under Section 376 IPC and convicted for the offence under Section 420 of IPC. Fine amount has been paid, receipt filed.

Learned counsel for the Petitioner further would submit that Investigation officer was not examined. Complainant in this case was childhood friend of the accused.

Learned Assistant Public Prosecutor would submit that as per the instructions received from the Central Prison, Rajamahendravaram, the conduct of the accused is satisfactory and the Court may pass appropriate orders.

Considering the submissions made and on perusal of the material on record, this appeal may take considerable time for disposal and for giving fair opportunity to the petitioner, who preferred the present appeal, challenging the validity and correctness of impugned Judgment of conviction and sentence passed against him in the interest of justice, the sentence of imprisonment passed against the petitioner is hereby suspended on the following conditions:

i) The Petitioner shall execute a personal bond of Rs.20,000/- (Rupees Twenty thousand only) Contd...

with two sureties for a like sum each to the SL. DATE ORDER OFFICE NO. NOTE 27.08.2024 satisfaction of the II-Additional Judicial Magistrate of I-Class, Bhimavaram.

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

______ VJP, J

GRL