Citation : 2024 Latest Caselaw 10108 AP
Judgement Date : 11 November, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.663 of 2024 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
3. 11.11.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.3 of 2024
The present application is filed by the
petitioner/appellant/Accused under Section 430(1) of
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
his release on bail by suspending the sentence of
imprisonment imposed by the learned the V Additional
District and Sessions Judge, Allagadda, vide
S.C.No.105 of 2016, dated 26.03.2019, pending the
present Criminal Appeal before this Court.
2. The learned counsel for the petitioner/
appellant/Accused 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/ Accused
further contends that as the appeal is of the year-
2024, 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 dated 02.11.2016 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 Assistant
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 order.
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 personal bond
for Rs.10,000/- (Rupees Ten Thousand only) with two
(02) sureties for a like sum each to the satisfaction of
the learned Judicial Magistrate of First Class,
Allagadda.
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. Accordingly, with the above directions, this
application is allowed.
__________________ K.SURESH REDDY,J
_______________________ K. SREENIVASA REDDY,J
SAB / TSNR
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