Andhra Pradesh High Court - Amravati

Tarun Kumar Naik vs The State Of Andhra Pradesh on 4 July, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL oo

THURSDAY, THE FOURTH DAY OF JULY,
FRAO FROUSAND AND TWENTY FOUR
SPRESENT:
THE HONQURABLE JUSTICE DR VR K KRUPA SAGAR

ae S
iA No. 1 OF 2024
iN
CRULRC NO: §48 OF 2024
Between:
Tarun Kumar ee S/o Satyanandarn Naik, Aged about 45 years, Oce: Ex.
Branch Manager S.51, Rio Makkuva, Vis Janagqaram District.

. Petitioner Appellant/Accused
AND
The State of Andhra Pradesh, Represented by Public Prosecytor, High
Court Bulldings, Amaravati,

 Respandent/RespondentiComplainant

Petition under Section SO7{1} of Cr.P.c., praying {that in the
clroumstances stated in the grounds filed in support of the petition, the High
Court may be pleased fo suspend the operation of the order di. 28.06 2029
passed in CG. No. 824 of 2012 on the fle of 1% Addl. Judicial al Magistrate of 18
Clase at Vislanagaram confirmed by the Judgement dt. 27.06.2024 passed
Cr Appeal No. 44 of 2022 an the file of the Pr incipal District & Sessions
Judge at Vizianagaram and release the peifioner on ball, pending disposal of
GRERC No. 848 of 2024, on the file of the High Court,

The petition coming on for hearing, upon perusing the Petition and the
grounds fled in support thereat and upon Nearing the arguments of Si Bonu
Rattia Shankar Rao, Advocate for the Peliicnar and of Public Prosecutor for
ine Respondent,

The Court made the following


Sot CSAS SSCA soot

ORDER:

"Weard the sarned counsel! for the petitioner,

Perused the record.

This application is Mied under Section 387(}) of Cr.P.C. seeking

suspension of sentence and release of the petitioner in ball.

Goth Courts below concurrently found the petitioner gully for the offences are under Sections 408, 409, 468 and 474 of IRC.

The principal ground urged by the revision petitioner is that the id numbers were generated by others and the petitioner was not working at that place; however, the court below fafled te consider this fact adequately.

The learned counsel for the petitioner submits that in obedience to fhe judgment of the Appellate Saunt, the petitioner is sow In prison serving the sentence.

Since the revision and its disposal would take some time, and after considering the submissions, this gatition is alowed, suspending the sentence passed by the Sessions Judge, Vielanagaram, In Criminal Appeal No.41 of 2022, dated 27.96.2024, The patitioner shall be released on ball upon executing a personal bond for Rs 10,000) iRupees Ten Thousand only} with two sureties for a ike sum each, to the satisfaction of Additional Judicial Magistrate of First Class-cum-! Additional Junior

Civil Judge's Court, Vizianagaram."

ATRUE CORYY

Ta,

1. Tre Brin ipal District & Sessions Judge at Visianagaram,

3. The # Aaa ional Judicial Magistrate of 1° Class at Vizianagaram,

hae oh

PSD

The Superintendent, Visakhapatnam Central Prison, Visakhapainam. One CC to SRI BONU RAMA SHANKAR RAO Advocate [OPUC]

Two OCs fo PUBLIC PROSECUTOR, High Court of AP. Amaravati [OUT]

One spare copy.

GH COURT

¥RKS,J