Citation : 2024 Latest Caselaw 4687 AP
Judgement Date : 24 June, 2024
MONDAY, THE TWENTY FOURTH DAY OF JUNE, TWO THOUSAND AND TWENTY FOUR 'PRESENT; THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO iA No. 2 OF 3024 iN CRLRC NO: 498 OF 2024 Between: Sidagana Appala Naidu, S/o. fate Kurmayya Aged about 35 years. Resident of Knochanda Vil Hage, Near Railway Station, Ponduru Mandalam, otikakulam District, oe ROVISION Petitioner/Appellant/Accused No.4 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amarayathi. . RespondentRes pondent/Complainant Petition under Section 3891} of Cr Pic Rraying that in the circumstances stated in the grounds fled In support of the petition, the High Court may be pisased to suspend the sentence of imprisonment passe against the Petitioner/Accused No 4 In S.C. No. 56/2022, dt 25.16. 2093 on the fle of the Assistant Sassions Judge, Ralarm as confirmed in judgment Passed in CrhA. No. 38/2023, dt 05.08.2024 on the fe of the District & Sessions Judge, Srikakuam, Srikakulam District and release the Pettioner/Accused No. 1 on bail, pending disposal of CRLRC No. 49 of 2034, an the file of the High Court. The petition SOMung on for hearing, upon perusi ing the Petition and the graunds fileef in Support thereof and "pon hearing the arguments of Mr. Arayala Narre Pac, Advocate for the Patitioner and of Public Prosecutor for the Respondent, Yhe Court made the following QRDER: "The interlocutory application is fled praying the Court te suspend the sentence of inpriganment Passed against the petitionarAd in Sessions Cage No.SO/2022 dated 25.10.2023 on the fle of the learned Assistant Sessions Judge, Ralam which was confirmed vice Judgment in Onl A.No 39/2023 dated 05.6.2024 on the fle of the District Seasions Judge, Srikakulam, Srikakulam District, pending disposal of the Revision Case, Learned Counsel for the pelitionar contends that PWtifdefecto complainant is the sisters Son of Al and AS. There Were property disputes betwean them and subsequently a suit in O.5.No.7 7/2024 on the file of the Junior Civit Judge, Ponduru, Srikakulam Oletrict for partition of properties is pending. His also brought to the notice of the Court that the version of the prosecution is aot Supported by independent witnesses PWs 3 and 4. Rois further submitted that initially the pettioner/Ad was Rent in Districe Jad, Ampalu and now he is In Central Prison, Visakhapatnam. He has been released on ball through out the Proceedings before the frie! Court aS well as the Appellate Court. it is not the case that he has not cooperate with the Court for disposal of the Matlers, Considering the submissions, sentence of imprisonment imposed by the Court below alone is suspended pending disposal of the Criminal Revision Case and the netiioner shall be FSRased on hail on Ris executing @ personal bond for a sum of Re.20, 000). (Rupees twenty thousand only} with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Panduru." os os Seti. Sk. BAD, SARI TRUE COPY! . The Judicial Magistrate of 1° Class, Fonduru, Srikakulam District. The District and Sessions Judge, Srikakulam, Srikakulam District, The Assistant Sessions Judge, Raiam, Srikakulam District, The Civil Judge (urior Division), Ponduru, Srikakulam District, The Superintendent, Central Prison, Visakhanainam, Cine CC io SRE ARAVALA RAMA RAO Advorate RORUCI . Two Cs to PUBLIC PROSECUTOR. High Court of AP, Amaravall [OUT] . One Spare capy. HIGH COURT TMR,J DATED: 24/06/2024 BAIL ORDER ANOL2 OF 2034 iN CRLURC.No.498 of 2034 SUSPENSION oe, Sent Een er Ness ~ EM ans as 3 FP LUN Ag gos s $ yhh8k PLES we 88 Fs URN SES as Aw . ~ aS os .
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