Kambapati Suresh Babu Suresh vs The State Of Andhra Pradesh
2024 Latest Caselaw 3757 AP

Andhra Pradesh High Court - Amravati

Kambapati Suresh Babu Suresh vs The State Of Andhra Pradesh on 1 May, 2024

Author: K.Suresh Reddy

Bench: K.Suresh Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.3160 of 2018

PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

03. 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/Accused under Section 389 (1) of Cr.P.C., seeking his release on bail by suspending the sentence of imprisonment imposed by the learned II Additional District and Sessions Judge, Madanapalle, vide S.C.No.279 of 2016, dated 03.12.2018, 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/Accused was taken into custody and he is undergoing imprisonment in Central Prison, Kadapa. He further contends that the petitioner/appellant/Accused has already served five (05) years of actual sentence. The learned counsel for the petitioner/appellant further contends that as the appeal is of the year-2018, it takes some more time to come up for "Final Hearing". As such, he requests this Court to enlarge the petitioner/appellant/Accused 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/Accused 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/Accused 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 Judicial Magistrate of First Class, Thamballapalle.

6. The petitioner/appellant/Accused is directed to report before the Station House Officer concerned, once in a month i.e., 1st of every month. The petitioner/appellant/Accused is also directed to appear before this Court whenever the case stands posted for hearing.

7. The petitioner/Appellant/Accused 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