B Ramesh vs State Of Ap
2024 Latest Caselaw 4452 AP

Andhra Pradesh High Court - Amravati

B Ramesh vs State Of Ap on 18 June, 2024

Author: K.Suresh Reddy

Bench: K.Suresh Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.215 of 2020 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

04. 18.06.2024 KSR,J & BVLNC,J (per Hon'ble Sri Justice K.Suresh Reddy) I.A.No.1 of 2024

The present application is filed by the petitioner/appellant/A-3 under Section 389 (1) of Cr.P.C., seeking his release on bail by suspending the sentence of imprisonment pending the present Criminal Appeal before this Court.

2. Smt Y. Ratna Prabha, learned counsel for the petitioner/appellant contends that the petitioner/appellant/A-3 was convicted by the learned Principal Sessions Judge, Kurnool, by Judgment, dated 05.01.2018. Immediately, the petitioner/appellant/A-3 was taken into custody and presently he is undergoing imprisonment in Central Prison, Kadapa. As the petitioner/appellant/A-3 has completed more than five (05) years of imprisonment from the date of his conviction, she requests this Court to enlarge the petitioner/appellant/A-3 on bail by suspending the sentence of imprisonment.

3. On the other hand, the learned Assistant Public Prosecutor, on instructions, states that though the petitioner/appellant/A-3 has completed more than six (06) years of imprisonment from the date of

his conviction, but the present Criminal Appeal is filed in the month of February, 2020. As such, in view of the ratio laid down 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), the petitioner/appellant/A-3 is not entitled for bail at this stage as he has not completed the requisite five (05) years period of imprisonment from the date of filing the Criminal Appeal. Leave apart, the petitioner/appellant/A-3 is also not entitled for bail in view of the exceptions enunciated in Batchu Rangarao (supra), as the present case pertains to murder for gain.

4. As seen from the material on record, the petitioner/appellant/A-3 was convicted under Section 392 IPC apart from Sections 302 read with 34 IPC. As such, as the case relates to murder for gain and as the petitioner/appellant/A-3 has not completed five (05) years of imprisonment from the date of filing of Criminal Appeal, we are not inclined to enlarge the petitioner/appellant/A-3 on bail at this stage.

5. Accordingly, the present application is dismissed.

6. Registry is directed to post the Criminal Appeal itself for "Final Hearing".

__________________ K.SURESH REDDY,J

_______________________ B.V.L.N.CHAKRAVARTHI,J RSI/TSNR