Citation : 2024 Latest Caselaw 3756 AP
Judgement Date : 1 May, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.584 of 2017
PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
07. 01.05.2024 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-1 under Section 389 (1) of Cr.P.C., seeking his release on bail by suspending the sentence of imprisonment imposed by the learned I Additional District and Sessions Judge, Chittoor, vide S.C.No.308 of 2012, dated 01.06.2017, pending the present Criminal Appeal before this Court.
2. The learned counsel for the petitioner/appellant contends that immediately after pronouncement of judgment, the petitioner/appellant/A-1 was taken into custody and he is undergoing imprisonment in Central Prison, Kadapa, YSR Kadapa District. He further contends that the petitioner/appellant/A-1 has already served seven (07) years of actual sentence. The learned counsel for the petitioner/appellant further contends that as the appeal is of the year-2017, it takes some more time to come up for "Final Hearing". As such, he requests this Court to enlarge the petitioner/appellant/A-1 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 petitioner/appellant/A-1 has not fallen within the prohibitory categories envisaged in the above referred judgment.
4. In view of the same, this Court is inclined to enlarge him on bail by suspending the sentence of imprisonment imposed by the learned Sessions Judge pending the present Criminal Appeal.
5. The petitioner/appellant/A-1 is directed to be released on bail on his executing a personal bond for Rs.20,000/-(Rupees Twenty Thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned IV Additional Junior Civil Judge-Cum-Judicial Magistrate of First Class, Chittoor, Chittoor District.
6. The petitioner/appellant/A-1 is directed to report before the Station House Officer concerned, once in a month i.e., 1st of every month. The petitioner/appellant/A-1 is also directed to appear before this Court whenever the case stands posted for hearing.
7. The petitioner/Appellant/A-1 is further directed not to create/cause any law and order problem during ensuing General Elections. In case of defiance of any of the above conditions, prosecution is at liberty to file an application for
cancellation of bail.
8. Accordingly, with the above directions, this application is allowed.
__________________ K.SURESH REDDY,J
_______________________ B.V.L.N.CHAKRAVARTHI,J
RSI/TSNR
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