Shaik Masthan vs The State Of Andhra Pradesh
2024 Latest Caselaw 10229 AP

Citation : 2024 Latest Caselaw 10229 AP
Judgement Date : 13 November, 2024

Andhra Pradesh High Court - Amravati

Shaik Masthan vs The State Of Andhra Pradesh on 13 November, 2024

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APHC010487682024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                       [3396]
                          (Special Original Jurisdiction)

         WEDNESDAY ,THE THIRTEENTH DAY OF NOVEMBER
              TWO THOUSAND AND TWENTY FOUR

                                PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

                             IA 2 OF 2024
                                   IN
                     CRIMINAL APPEAL NO: 682/2024

Between:

Shaik Masthan                                                ...APELLANT

                                  AND

The State Of Andhra Pradesh                                ...RESPODENT

Counsel for the Apellant:

   1. PARDHA SARADHI A V

   2. LEGAL AID

Counsel for the Respondent:

   1. PUBLIC PROSECUTOR

The Court made the following:

ORDER:

The instant petition under Section 389(1) of Cr.P.C has been filed by

the Petitioner seeking to suspend the execution of sentence including fine

arising out of judgment dated 26.02.2024 passed in POCSO S.C.No.192 of ::2::

2019 on the file of the Special Judge for Speedy Trial of the Offences under

POCSO Act, Nellore and for release of the petitioner on bail pending

disposal of the Criminal Appeal.

2. Heard Sri A.V. Pardhasaradhi, learned counsel for Petitioner

/Accused, and Ms. K. Priyanka Lakshmi, leaned Assistant Public Prosecutor

representing the State.

3. Learned counsel for the Petitioner would submit that the Petitioner

has to pay a fine of Rs.13,000/- but he could not pay the said fine amount

because of his poor background. Learned counsel further would submit that

the Petitioner has been in jail since from the date of judgment.

4. Learned Assistant Public Prosecutor would submits that the Court

may pass appropriate orders.

5. Considering the submissions made and in the facts and

circumstances of the case, as the Petitioner preferred appeal challenging

the validity and correctness of the impugned judgment by raising several

issues and the hearing of the appeal may take considerable time, it is

apposite to suspend the sentence of imprisonment imposed against the

Appellant / Accused on the following terms.

6. Accordingly, the petition is allowed and the Appellant / Accused shall

be released on bail on executing personal bond for Rs.20,000/- (Rupees ::3::

Twenty thousand only) each with two sureties for the like sum each to the

satisfaction of Special Judge for Speedy Trial of the Offences under

POCSO Act, Nellore. The appellant/accused shall appear before this Court

when the matter is posted for final hearing.