Andhra Pradesh High Court - Amravati
Gubbala Jagannadharao vs Balina Nagamani on 21 June, 2024
AN
1 33688 |
"IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
FRIDAY THE TWENTY FIRST DAY OF JUNE
AYO THOUSAND AND TWENTY FOUR
-PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
iA No. 2 OF 2024
iN
GCRLRC NO: 442 OF 2024
Between:
Gubbala Jagannadharao, S/o. Satyanarayana, Aged 52 years, Ryo.
Agraharam, Near Telephone Exchange, Mogaltur Vilage and Mandal, West
Godavari Distinct.
..Pattioner/Petitionar
(Petitioner in CRURC 442 OF 2084
on the fle af High Court
AND
1, Baling Nagamani, Wo. Rambebu, Aged 43 years, Rio. Tanuku,
WG. Districl
The State of Andhra Pradesh, rep. by the Public Prosecutor, High Court
Pn
of AP at Amaravaihi,
. Besnondents/Respondants
(Respondents in-cdo-}
Counsel for the Petitioner: SRI P DURGA PRASAD
Gounsel for the Respondent No.1 'KOTHA NAGA SURYA RAG
Counsel for the Respondent No.2: PUBLIC PROSECUTOR
-
... Petiion under Section S97 {1} of CrP.c., sSraying that in the
crcumstances stated in the memorandum of grounds fled in suppert of the
mist
oelitian, the High Court may be pleased io suspend the conviction and
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the Pat
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ORDER
bert
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"This is an application
sentence passed in the judgment o
dated 18.02. 2026 on the
<
ditional Jucicial Magistrate
nm the lddgment dated 08.01 2084
Mitt
of First Class, Narsanur, 8
in GrLA.No.86 of 202 by the cou
Judge, Narsapur, Weet Godavari
MAS AY
.
ase the petit
istrict and rele
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iy
o PSY
oe
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ball, pending disposal of the
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Honer is
a
ubmifs that the pet
ws
Learned counsel for th
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~
8 of Negotiable Instruments
found quilly for the off
{ far a period of six
RS. 10,000), vid
Act and senienced to unde
udgmant
a |
aise diractsr
eis
months and fh
ie of the Court of
Additional Judicial Magi
The appeal pref
ainst the accused,
.
ae
i
onvicn
&
confirming the
"y
vide judgment In Criminal Appeal N
court of X Additional District and Sessions ducge, Narsapur, West
Godavari District.
Heard. Perused the material record.
Learned counsel for the petitioner contends that consequent fo the
judgment of appellate court in CrLA.No.86 of 2020, dated 08.01 2024, the
revision petitioner has been in judicial custody at Sub Jail, Narsapur
since 26.04.2024. Learned counsel for the petitioner submits that the
complainant failed to establish the existence of legal enforceable debt,
Ne further submits that he has got fair chances to succeed in the matter.
Ne further submits that the petitionera is not in a position to deposit any
amount fowards orders passed by the trial Court as well as appellate
court and that is why he has been in jal,
Learned counsel for the respondent opposes the request of the
seiiticner,
Having regard to the facts & submissions and the issues raised in
the grounds of revision, which require detailed examination and as the
accused person has been In judicial custody since 26.04.2024, the
substantive sentence of imprisonment alone imposed against the
petitioner is suspended, pending final disposal of the revision, and the
pelitioner is ordered to be enlarged on bail on his executing @ personal
bond for a sum of Rs.16,000/- (Rupees Ten Thousand only) whith one
surety in a like sum each to the satisfaction of the learned Additional
Judicial Magistrate of First Class, Narsapur, West Godavari District."
PTRUE COPY!
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HIGH COURT
TMR,J
DATED: 2 OG/2086
POST THE REVISION AFTER FOUR (04) WEEKS.
ORDER
IA No. 3 OF 2024
iN
CRURC NO: 442 OF 2024
CYRECTION
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