Nellore Rama Swamy vs The State Of Ap
2024 Latest Caselaw 10234 AP

Andhra Pradesh High Court - Amravati

Nellore Rama Swamy vs The State Of Ap on 13 November, 2024

Author: K.Suresh Reddy

Bench: K Suresh Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.717 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

26. 13.11.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.Nos.6 AND 7 of 2024

I.A.No.6 of 2024 is filed by the

petitioners/appellants/A1 and A7 whereas I.A.No.7

of 2024 is filed by the petitioner/appellant/A.6 under

Section 430(1) of Bharatiya Nagarik Suraksha

Sanhita, 2023, seeking their release on bail by

suspending the sentence of imprisonment imposed by

the learned III Additional District and Sessions Judge,

Nellore, vide S.C.No.406 of 2012, dated 29.08.2019,

pending the present Criminal Appeal before this

Court.

2. The learned counsel for the petitioners/

appellants/A1, A.6 and A.7 contends that immediately

after pronouncement of judgment, the

petitioners/appellants/A.1, A6 & A.7 were taken into

custody and at present they are undergoing

imprisonment in Central Prison, Nellore. He further

contends that the petitioners/appellants/A.1, A.6 & A.7

have already served five (05) years of actual

sentence. The learned counsel for the

petitioners/appellants/A.1, A6 & A.7 further contends

that as the appeal is of the year-2019, it takes some

more time to come up for "Final Hearing". As such,

both learned counsel request this Court to enlarge the

petitioners/appellants/A.1, A.6 & A.7 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 Public

Prosecutor, on instructions, states that the case of the

petitioners/appellants/A.1, A6 & A.7 have not fallen

within the prohibitory categories as envisaged in the

above referred order.

4. In view of the same, this Court is inclined to

enlarge them on bail by suspending the sentence of

imprisonment imposed by the learned Sessions

Judge pending the present Criminal Appeal.

5. The petitioners/appellants/A.1, A6 & A.7 are

directed to be released on bail on their executing

personal bond for Rs.20,000/- (Rupees Twenty

Thousand only) each with two (02) sureties for a like

sum each to the satisfaction of the learned IV

Additional Judicial Magistrate of First Class, Nellore.

6. The petitioners/appellants/A.1, A6 & A.7 are

directed to report before the Station House Officer

concerned, once in a month i.e., 1st of every month.

The petitioners/appellants/A.1, A.6 & A.7 are also

directed to appear before this Court whenever the

case stands posted for hearing.

7. Accordingly, with the above directions, both

I.A.No.6 and 7 of 2024 are allowed.

__________________ K.SURESH REDDY,J

_______________________ K. SREENIVASA REDDY,J

SAB / TSNR