Subash Chandra Khatai vs The State Of A.P.,
2024 Latest Caselaw 461 AP

Citation : 2024 Latest Caselaw 461 AP
Judgement Date : 11 January, 2024

Andhra Pradesh High Court - Amravati

Subash Chandra Khatai vs The State Of A.P., on 11 January, 2024

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
THURSDAY THE ELEVENTH DAY OF JANUARY _ '

TWO THOUSAND AND TWENTY FOUR

'PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDOY .-~

iA No. 1 OF 2023
IN
CRLA NC: 1325 OF 2017

Seiwveen
t. Subash Chandra Khatai, Sfo Late Ramanchra Khatai, Aged about 3 ys,
oahu by Caste, Nuvapaina W), Balad Panchayat, Ballyant Block AND PS.
Bhubaneswar, Khurda District, Odisha State. Onver of Innova Car No OR FQ
3080,
{A-7)
&. Riswabhadri Sahu, S/o Giridhar Sahu, aged about 25yre, Patra by Caste,
Nuvapaina (V7), Batkadi Panchayai, Saliyant Block AND PLS. Bhubaneswar,
Nhurda District, Odisha State.

wrens,

A-2}

.. Petitioners/Appallants
(Petitioner in ORLA 1325 OF Sot;
on the file of High Court}
AND
Yhe State of Andhra Pradesh, Rep. by its Putlic Prosecutor, High Caurt of a
Judicature at Amaravathi, ;
._ RespondantRespondant
(Respondents in-da-}

Counsel for the Petitioner : Smt. C VASUNDHARA REDDY :

Counsel for the Respondent : PUBLIC PROSECUTOR {AP}

Petition under Section 3841) of CrP.c. graying thal in the clrcumstances Mated in the memorandum of grounds fed in support of the Criminal Petition: the 'High Court may be pleased to suspend the execution of sentence passed against the Pettioners/Accused Nos, 1 & 2 in NOPS S.0.No.3 of 2017 on the He of the Special Judge for Thal of Cases under N.DPS. Act-curn-Additional District and Sessions Judge, Visianagaram and release the petiianers on ball, Panding disposal of ORLA No. 1328 of 2017, on the fle of the High Court

The petilicn corning on for hearing, upon perusing the Petition and the affidavit fled in support thereof and the order of the High Court dated 07.47.2017 made herein and upan hearing the arguments of Smits C VASUNONARA REDOY Advocate for the Apallant and of Public Prosecutor for Respondent, the Court rade the following ORDER -

"The present petition has been filed by the appealilanis/A.1 and A.2 under

Section 388 (1} CrPC seeking bail,

a. The petifioners/anpellanta/Ad and &2 were tried In N.D.8.8. Sessions Case No.03 of 2017 on the fis of the Special Junge for trail of cases under the NLP.S. Act ~cum- | Additions! Diety fot and Seasions Judge, Vigianagaram. By judgment dated TO.08. 2017, both thé appsianie/A. and A? were sanvictead af the offence under Saction SiC) read with 2Q1BNHYC) of the Narcotic Drugs and Paychotropic Substances Art 4888 Nor short the NOPS Act} and sentenced to undergo Rigorous imprisonment for a period of Fifteen (15) years ancl to pay s fine of Rat ,0Q. 000). asch and in dofautt to suffer Simple imprisonment for six (06) months. The appotant A... was further convicted af the offence punishabis under Section 473 IPC and sentenced to underge Rigorous imprisonment for a

period of seven (07) years and to pay a fine of Ret ,Q00/ and in default te

suffer Simple imprisonment for three (03) months. Both the sentences were

directed to run concurrently,

< Learned counsel for the petitioners! appellanisiA.d and A? submits that the procedures contemplated under Sections 4314}, 42/2) and SO of the NDPS Act have not bean sampled withy Acca: rding to Aim, the Provisions under Sections 42/4}, 42{2} af the NOPS Act afe mandatary. So, non-compliance of

the aforesaid provisions is fata} to the prosecution case. The counsel further

submits that the appellants were arrested on 26.07.9016 and since then they

are In jall and they have undergone sentence of more than five (09) years and the peitionersianpeliants are eniided for bai, Learned course! for the pelNonerslappeilants refed upon the judgment of Non'bis Supreme Court of india in Mosse Roya AP Vs. State (NEF of Dadi," where In H was haid that

"Ta.We appreciate the submission of the Addiienai Salicitar General iat offences under the NDPS Act are of a serious nature aig ie case is af the Post conviction stage. Yat the Coun cannot bs unminalfiul of ihe fact that the appellant sas undergone § years out of the tole! sentence of 10 years. The

appeal is unlikely fo fe beard early. al probadhity, the entire Santares

would Nave bean undergone &y the Hine the appeal is heard. The GeCisions an ihe Basis of which the High Court of Dalits he S$ declined fo grant Suspension oF Serisncs, are, af the highest, a Bread guideline ane canna? be pigeed an the

203} LawSuit ASCHER

same pedestal as a statutory interdict. Wit) the pendency of the work in the High Court, i may not be feasible fo expedite the disposal af the appeal within a@ short period"

4. & psrusal of the record shows that since 2017, the peitionersiappellantsi/A4 and A2 are languishing in the jal, The Criminal Appeal is of the year 2017. Due to pendency of number of cases, the prasant appeal is not being listed for final hearing and there is no possibility of hearing the matter in near future. In all probability, by the time the appeal is heard, the petitioners/appellanis/A.1 and A.2 would be served out entire sentence, in these ciroumstances, since the petitioners/appellanta have undergone sentence of more than seven (D7) years out of fifteen (18) years of sentence imposed, this Court is of the view that H would be a ft and praper case fo

allow the petition.

S.. Ascordingly, the sentence of imprisonment alone is suspended under Section 389 (1) of Cr. Pic. and the petitioners/appellantsiA( and &2 shall be released on ball on their executing personal bonds for Rs.1,00,000/- (Rupess One Lakh only} each with two sureties for the ike sum each to the satisfaction of the trial Court. After releaas, the petitioners herein! appellanta/A.? and Aa are directed to appear before the Station House Officer of Jurisdictional Police Station once in a month Le. on 1 Sunday of the month, disposal af the CH.A.No1325 of 2017 before this Court,

&. is needless to mention here that the appellante/A.d and A. shall be present befors this Court at the time of hearing of the Criminal Appeal.

?. if is made clesr that in ease' petitioners! appellanis/A.) and A.2 fall to attend before the Jurisdictional Police Station as directed above, the bail

granted shall stands cancelled automatically without reference to this Court. "