Andhra Pradesh High Court - Amravati
P Govind vs State Of Ap on 2 January, 2024
Author: K Suresh Reddy
Bench: K Suresh Reddy
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: Crl.A.No.363 of 2020
PROCEEDINGS SHEET
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7. 02.01.2024 KSR,J
Crl.A.No.363 of 2020
Admit.
I.A.No.2 of 2020
This application is filed seeking suspension of sentence
imposed on the petitioner/A5 by the learned Special Sessions
Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions
Judge, East Godavari District, Rajamahendravaram, by judgment
dated 09.12.2019 passed in NDPS SC.No.112 of 2018, and to
enlarge him on bail. By the impugned judgment, the petitioner/A5,
along with other accused, was convicted for the offence under
Section 8(c) punishable under Section 20(b)(ii)(C) of the Narcotic
Drugs and Psychotropic Substances Act, 1985, and sentenced to
undergo Rigorous Imprisonment for a period of ten years and also
to pay a fine of Rs.1,00,000/-, in default to suffer Simple
Imprisonment for a period of six months.
When the matter is taken up for hearing, learned counsel
for the petitioner/A5 submits that the petitioner/A5 has been
undergoing sentence for more than 4 years and the petitioner/A5
is entitled to be released on bail. He placed reliance on the
decision of the Hon'ble Supreme Court in Mossa Koya KP v.
State (NCT of Delhi) (SC) 2022 (1) Crimes 113. Learned
counsel has also placed before this Court a copy of the order
dated 26.09.2023 passed by this Court in I.A.No.1 of 2020 in
Crl.A.No.265 of 2020, wherein, this Court, in similar circumstances
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and having taken note of the above decision of the Hon'ble
Supreme Court and the fact that the petitioner therein has
undergone sentence of more than four years, granted bail to the
petitioner therein with certain conditions, and requests this Court
to grant bail to the petitioner herein, by suspending the sentence.
On the other hand, Mr. Suresh Kumar Routhu, learned
Special Public Prosecutor for NCB and Senior Standing Counsel for
DRI, would rely on the decision in Sheru v. Narcotics Control
Bureau (Crl. Appeal Nos.585 - 586 of 2020 dated 11.09.2020), to
contend that mere passage of time cannot be a reason to grant
bail. He would, however, admit that the petitioner has been in jail
for more than four years and his case is covered by the order
dated 26.09.2023 passed by this Court in I.A.No.1 of 2020 in
Crl.A.No.265 of 2020.
In the circumstances, since the petitioner/A5 has already
undergone sentence of more than four years, following the
decision of the Hon'ble Supreme Court and the order of this Court
referred to above, this Court is inclined to suspend the sentence
and grant bail to the petitioner, pending disposal of the criminal
appeal, subject to certain conditions.
Accordingly, pending disposal of the criminal appeal, the
sentence of imprisonment alone is suspended and the petitioner/
A5 is directed to released on bail on his executing a personal bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
with two sureties for a like sum each to the satisfaction of the
learned Special Sessions Judge for Trial of Cases under NDPS Act,
1985-cum-I Additional Sessions Judge, East Godavari District,
Rajamahendravaram. After release, the petitioner/A5 shall report
before the Directorate of Revenue Intelligence concerned once in
a month i.e., on the 1st Friday of every month between 10.00 a.m.
and 1.00 p.m., till disposal of the present criminal appeal. In the
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event of failure of compliance with the above condition, the
respondent is at liberty to file an application for cancellation of
bail.
________________
K. SURESH REDDY, J
IBL
