Andhra Pradesh High Court - Amravati
Bhusharapu Venkata Giri Babu vs The State Of Andhra Pradesh on 2 January, 2024
P3960)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY .THE SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKRARJUNA RAO
iA No. TOF 2029
iN
GRLAC NO: 1225 OF 20235
Between:
Bhusharapy Verkata Git Babu, Slo. Malayya Aged 57 years, Cec Tech
Assistant PIPLMC Dxvision, No.8 3, Srire ammagar, Jaggampeta Vilage and Mandal
hast Godavari District, Andhra Pradesh,
..Pettionear(s}
iPetifioner in GRLRG {225 OF 2OSS
mi the fie of High Court}
1. The State of Andhra Pradesh, Rep by ds Public Frosecutar High Court of AP.
at Amaravaint
2. Guru Eswara Rao, (Died) (Complainant
3. <auu Satya Vani, Wo.Late Guru Eswara Rao Aged of years, Gon Housewife
Rio D.Ne. 23-1¢16/24, Ayyappa Streat Seelamvarl Savaram Road,
Ramachandrapuram East Godavarn District, Andhra Pradesh
4. <uru Sutyanarayana, S/o.Not Known Aged 7? yaars Rio D.No 23-10 1G/EA
Ayyappa Streat Sealamvari Savaram Road, Ramachandrapuram East
Godavari District, Andhra Pradesh
& Guru Achayamma, Wio.Guru Sulyanarayana Aged 89 years, Occ. Housewife
Mio .D No. 23-1O1g2Za, Ayyappa Street Segianivar Savararn Road,
Ramachandrapuram East Godavan District, Andhra Pradesh
8 Gum Keerthi Fravaiiika, Dio Late Guru Eawara Rac Aged 31 years
Rio D No 2s TOGA, Ayyappa Steet Seelamvarl Savaram Road,
Ramachandrapuram East Godavari District, Andhra Pradesh
Guru Dhanush Surya Kiran, Sfo.Late Gum Eswara Rac Hindu, aged 18 years,
RIO DONO 23-TOIGRA, Ayyanna Street Seslarivar Savaram Road,
ene oN
Ramachandrapuram East Godavari District, Andhra Pradesh
sna
i7ih Respondent being muner rep by his mother Netural quardian Respondent
Respondents
iRe spondents Wtia-}
Counsel for the Petitioner : SRI D KODANDARAMI! REDDY
Counsel far the Respondent No.1 :PUBLIC PROSECUTOR
Betiiion under Section 397 4) of CrP... praying that in the circumetances
stated In the mernorand ian of grounds Med in support of the petition, ihe High Caurt
May be Meased fo suspend the sentence di. 18-02-2019 oassed in C.C No. rae
on the fhe of the dudicial ees of First Class, Rarnachandrapuram and more
in CLA Na 88/2019 di 15-12-2023 by the Principal Sessions Judge, East Godavari
at Rajamanendravacan end raiease the settioner on bail, Pending disposal of
CRURC No. 1225 of 2023, on the He of the High Court,
ta directing issue of notice to the Respandeanis herein to show
Keaton ehoutd not be comolied with, made the following
be deamec io be the recaipf of notices in tha
The court whi
cause os io why [his app
ordar(The receipt af thie order wil
case}.
ORDER
"This application is filad Gy the petitioner seeking fo suspend the
sentence, passed in the judgment af conviction in C.C.Ne.368 of 2019, dated
48.92.2048 on the file of the Additional Judicial Magistrate of Firet Class,
Ramachandraguram {for short, "the tial Courf}, as confirmed in tie Axigment
dated 15.12.2033 in Cri A.No.88 of 2019 by the Principal Sessions Judge, Cast
Godavari District at Rajamahendravaram {for short, 'the 1 appellate Court')
and enlarge the petitioner on ball, pending disposal of the Criminal Revision
Case,
Learned counsel for the petitioner submits that the pefiticner is found
guilty for the offence under Section 138 of Negotiable Instruments Act and
sentenced fo pay a fine of Re.SQ00/- In default of payment of fine he shall
undergs simpte imprisonment for ten days. He was further directed to pay
compensation of Rs. 10,00,000/- within a perfed of three manths, in default, he
wee sentenced to underge simele imprisonment for five manths vide judgment
paased In C.C.No.386 of 2007 dated 18.02.2019 on the file of the trial Court.
Heing aggrieved against the conviction and sentence passed by the trial
Court, the appeal preferred by the petitioner! accused is diamlased, confirming
the conviction and sentence passed against the accused vide judgment in
Criminal Appeal No.88 of 2019 dated 48.12.2028 by the 1 appellate Court by
modifying the sentence fo underge simple imarisenment for one day (HH the
rising of the court} and pay compensation of Rs.10.00,000/- In default, to suffer
simole imarisanment for five manihs.
Heard. Perused the material recerd.
Learned counsel for the petitioner submits that the 1" sppellate Court is
not supposed to Impose sentence of one (1) day when the Magistrate has not
paased the sentence of imprisonment and in view of the grounds urged In the
revision, the pefifionsr has got fair chances of success in the revision.
Having regard to the facts and submissions and the issues raised in the
grounds of revision, which requires detaled examination, the substantive
sentence of imprisonment imposed against the setificner is suspended,
pending final disposal of the revision, and the petitioner shall be enlarged rary
ball an hia executing a personal bond for a sur of Rs.10,000/- (Rupess Ten
Thousand only) with bye sureties in a like sum sach to the satisfaction of the
learned Additional Judicial Magistrate of First Class, Ramachandrapuram on 3
condition of his depasiting 20% of the compensation amount of Rs. 16,00, 000/-
iRupees Ten lakhs only) within a period of six {8} weeks fram the date of
receipt of copy of thie Order. In default af deposit of amount, as ordered supra,
the uvferim suspension granted today, ahall sland cancelled automatically
without further reference to the Court" Scie G ey 7
we G AELANAINU |.
FTRUE COPY! eee Se ;
Foi SECTION OFFICER
Ta,
The Addiional Judicial Magistrate of First Class, Ramachandrapuram 7 :
The Principal Sessions Judges, East Godavari District af Raiamahendravaram --
Guru Satya Vani, WioLate Guru Eawara Rao Aged 37 years, Occ Housewife
Rig.ONO.2o-TO1aZA, Ayyappa Street Seelamvari Savaram Road,
Ramachandrapuram East Godavar Distnel, Andhra Pradesh (for herself & on
behalf of Guru Dhanush Surya Kiran being natural quardian }
4 Guru Sutyanarayana, S/o.Not Known Aged 77 years Rio.D No. 2o-TOT/SA,
Ayyappa Street Seelarmvan Savaramn Road, Ramachandrapuram East
Godavari Distiot, Andhra Pradesh
Suru Achayamma, Wie Guru Suiyanarayana Aged 69 years, Occ. Nousewille
Rio. D No. 25-101G/24, Ayyappa Stree! Seelanivar Savaram Road,
Ramachandrapuram East Godavari (istrict, Andhra Pradesh
& Gum Keerthi Pravailiika, Ovo.Laie Guru Eswara Rac Aged 27 years,
Rio. DNO.23-101&ZA, Ayyappa Street Seelamvarl Savaram Read,
Ramachandrapuramn East Godavari Distrint, Andhra Pradesh (3 tat By
RPAD)
One GC to SRE D RODANDARAM! REDDY Advacate [OPUC]
Two OCs to PUBLIC PROSECUTOR, High Court af A.PLOUT]
One spare copy
C29 Pad we
B
So (9S m3
HIGH COURT
TRI
DATED O20 N2024
LIST AFTER POUR (04) WEEKS,
ORDER
iA No. 1 OF 2023
iN
CREURG NOo 1228 OF 2023
INTERIM SUSPENSION
