Andhra Pradesh High Court - Amravati
Gadde Rama Rao vs The State Of Andhra Pradesh on 11 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVE
MONDAY, THE EIGHTEENTH DAY OF NOVEMBER °
TAS THOUSAND AND TWENTY FOUR
:-PRESENT: SAS
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
IA No. 1 OF 2024
iN
CRLA NO: 328 OF 2022
Setweean:
Gadde Rama Rao, S/o John, aged about 59 years, Coolie, Hindu, Rio
S.C. Colony, Pedda Ulagallu Vilage, Mundlamuru Mandal, Prakasam
Cistnict,
..Pattioner / AppellantiAccused
(Patifioner in CRLA 325 OF pose
on the le of High Court}
AND
State of AP, Inspector of Police Dare! PLS... Rep. by ts Public
Prosecutor, High Court of Andhra Pradesh at Armaravaihi.
. .Respondent/Respondent/Complainant
(Respondents in-do-}
Counsel for the Petitioner :SRI SS RAMA KRISHNA PRASAD
Counsel for the Respondent -PUBLIC PROSECUTOR iAP}
Petition under Section 389¢ 1) of GrPC praying that in the circumstances
stated in the affidavit fled in support of the petition, the High Court may be
pleased to grant ball to the petlonerapnellantvaccused ordering his release
fram the District jail at Nellore on the Judgment in Sessions Gase No. 74 af
a0t8 passed by the learned Trial Court of H Acid District & Sessions Judge-
cum-Special Court for Thal of Offenses against Wamen, Prakasam District,
Ongole, dated 11-05-208¢, Penal ing disposal of CRLA No. 329 of 2022. on
the fle of the High Court
The courl while directing issue of notice to the Respondents herein to
show cause as to why this anniication should ant be complied with, made the
iglawing order.{The receipt of this order wil be dsemed to be the eipt of
notice In the case).
ORDER:
"The instant petition under Section 3891) of Cr.P.C has been Aled
by the PetitionerfAccused seeking fo release them on ball by
suspending the sentence imposed against him, pending disposal of the
criminal appeal,
Yhe Patiioner is convicted and sentenced to underge rigorous
imprisonment of ten years and fo pay fine of Rs.2.000/. [OSI for two
monihs for the offence under Section J76(2NUNN IPC, and aise to sufer
rigorous imprisonment for Ovo years and to pay fine of Rs. 7,000). IDS!
for ane month for the offence under Section 480 IPC in 8.C.No.41 of 2018
on the Mle of the Court of 1] Additional INetrict & Sessions Judge-cum-
Special Judge for trial offences against Women, Prakasam Oistrict at
Ongole, dated 11.08.2022. Fine amount is already paid by the Petitioner.
Heard Sri S.S.Rama Krishna Prasad, learned counsel for the
Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public
Prosecutor for Respondent.
Learned counse! for the Petifiener ; Accused would submit thal,
the Petitioner has been in jall for the last 34 years and that they Rave
merits fo succeed In the anneal. Learned counsel would submit that the
Petitioner is suffering from if health and he is the only bread winner of
his family. Learned counsel by placing reliance on the judgment of the
Hon'ble Apex Court in CrLAgpeal No.3ét8 of 2023, dated 03.74.2025,
would submit that, there is no hard and fast rule which requires an
Accused to underge sentence for a particular period before his prayer
for suspension of sentence is considered.
Learned Assistant Public Prosecutor, would submit that the Court
May Pass appropriate orders.
Considering the submissions made and in the facts and
circumstances of the case, as the Pefifioner preferred appeal
challenging the validity and correctness of the impugned judgment and
the hearing of the appeal may take considerable time, and he has been
in jail since the date of conviction, if is apposite to suspend the sentence
of imprisonment imposed against the Petitioner / Accused on the
following terms.
Accordingly, the petition is allowed and the Petitioner / Accused
shall be released an ball on executing personal band for Rs.20,000/-
(Rupees Twenty thousands only) with two sureties for the like sum each
to the satisfaction of the learned Il Additional District & Sessions Judge-
cum-Special Special Judge for trial offences against Women, Prakasam
District at Ongole. Petitioner shall appear before this Court when the
matter is pasted for final hearing."
SD! MSRINIVAS
ASSISTANT REGISTRAR
UTRUE COPY! SECTION OFMiGER
Fo Dm
Ta,
1. H Addl. District & Sessions Judge-cum-Special Court for Trial of
Offences against Women, Prakasam District, Ongole
é. The Superintendent, Central Prison at Nellore, SPSR Nellore District.
Pen
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The S.H LOL, Garsi Poll ice Station, Prakasam at Onnols
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ORDER
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