Andhra Pradesh High Court - Amravati

L Mutyala Naidu vs State Of Ap on 1 July, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.1597 of 2018 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

09. 01.07.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.No.1 of 2024

The present application is filed by the petitioners/appellants/Accused Nos.1 and 2 under Section 389 (1) of Cr.P.C., seeking their release on bail by suspending the sentence of imprisonment imposed by the learned District and Sessions Judge, Vizianagaram, vide S.C.No.116 of 2016, dated 26.04.2018, pending the present Criminal Appeal before this Court.

2. The learned counsel for the petitioners/appellants contends that immediately after pronouncement of judgment, the petitioners/appellants/Accused Nos.1 and 2 were taken into custody and they are undergoing imprisonment in Central Prison, Visakhapatnam. He further contends that the petitioners/appellants/Accused Nos.1 and 2 have already served six (06) years of actual sentence. The learned counsel for the petitioners/appellants further contends that as the appeal is of the year-2018, it takes some more time to come up for "Final Hearing". As such, he requests this Court to enlarge the petitioners/appellants/Accused Nos.1 and 2 on bail in terms of the order passed by the Combined High Court

in Batchu Rangarao and others Vs The State of Andhra Pradesh (Crl.A.M.P.No.1687 of 2016 in Crl.A.No.607 of 2011).

3. On the other hand, the learned Public Prosecutor, on instructions, states that the case of the petitioners/appellants/Accused Nos.1 and 2 have not fallen within the prohibitory categories envisaged in the above referred judgment.

4. In view of the same, this Court is inclined to enlarge them on bail by suspending the sentence of imprisonment imposed by the learned Sessions Judge pending the present Criminal Appeal.

5. The petitioners/appellants/Accused Nos.1 and 2 are directed to be released on bail on their executing personal bonds for Rs.10,000/-(Rupees Ten Thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Gajapathinagaram.

6. The petitioners/appellants/Accused Nos.1 and 2 are directed to report before the Station House Officer concerned, once in a month i.e., 1st of every month. The petitioners/appellants/Accused Nos.1 and 2 are also directed to appear before this Court whenever the case stands posted for hearing.

7. Accordingly, with the above directions, this application is allowed.

__________________ K.SURESH REDDY,J

_______________________ K. SREENIVASA REDDY,J

RSI/TSNR