Citation : 2024 Latest Caselaw 190 AP
Judgement Date : 4 January, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI MAIN CASE No.Crl.A.No.3177 of 2018
PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
10. 04.01.2024 KSR,J I.A.No.1 of 2023
The petitioner/appellant has been convicted for the offence under Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 506 of IPC., by way of impugned judgment and sentenced him to undergo Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs.2,000/-, in default to suffer S.I for a period of one month. The judgment was pronounced on 19.11.2018 and immediately, the petitioner/appellant was taken into custody and he is undergoing imprisonment in Central Prison, Rajamahendravaram, East Godavari District.
2. The learned counsel for the petitioner/appellant contends that the petitioner has already been served the major portion of sentence i.e., 6 years, 4 months and 17 days. As such, he requested this Court to enlarge the petitioner on bail. He further states that the fine amount imposed by the Court below has already been paid and
he annexed the receipt of payment of fine amount along with the Appeal.
3. On the other hand, the learned Assistant Public Prosecutor has produced the nominal roll of the petitioner/appellant issued by the Superintendent of Jails, Central Prison, Rajamahendravaram, East Godavari District. As per the nominal roll, the total sentence undergone by the appellant is shown as 6 years, 4 months and 17 days.
4. In view of the above facts and circumstances, as the petitioner has already been served more than 6 years of imprisonment, this Court is inclined to enlarge the petitioner on bail on his executing a personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Special Judge for Protection of Children from Sexual Offences Act-Cum- Additional Metropolitan Sessions Judge, Vijayawada.
5. Accordingly, this application is disposed of.
_____________________ K SURESH REDDY,J RSI/TSNR
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