Chodagiri Mahindra Kumar vs The State Of Andhra Pradesh
2024 Latest Caselaw 10279 AP

Andhra Pradesh High Court - Amravati

Chodagiri Mahindra Kumar vs The State Of Andhra Pradesh on 14 November, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.717 OF 2024
                           PROCEEDING SHEET

SL.     DATE                           ORDER                             OFFICE
NO.                                                                       NOTE
01.   14.11.2024 VJP, J
                                  I.A.No.1 of 2024
                         The instant petition under Section 389 (1)
                 Crl.P.C has been filed by the Petitioners/Accused
                 Nos.1 to 3 seeking to release them on bail by
                 suspending the sentence of imprisonment including
                 the fine, which was awarded as compensation,
                 imposed against them, pending disposal of the
                 criminal appeal.
                         The Petitioners herein are convicted and
                 sentenced to undergo simple imprisonment of five
                 years and to pay fine of Rs.7,00,000/- IDSI for one
                 year for the offence under Section 3 of Dowry
                 Prohibition Act and to suffer simple imprisonment
                 for six months and to pay fine of Rs.1,000/- IDSI for
                 one month for the offence under Section 4 of the
                 Dowry Prohibition Act vide judgment dated
                 13.07.2024 in S.C.No.116 of 2023 on the file of the
                 Court of V Additional District & Sessions Judge-
                 cum-Special Judge for trial of offences against
                 Women, West Godavari at Eluru. Fine amount is
                 already paid by the Petitioners.

                        Heard Sri G.Yaswanth, learned counsel for
                 the Petitioners and Ms.K.Priyanka Lakshmi, learned
                 Assistant Public Prosecutor for Respondent.

Learned Assistant Public Prosecutor, would submit that the behaviour of the Petitioners in the jail is satisfactory and Court may pass appropriate orders.

Considering the submissions made and in the facts and circumstances of the case, as the Petitioners preferred appeal challenging the validity and correctness of the impugned judgment and the hearing of the appeal may take considerable time, it is apposite to suspend the sentence of imprisonment along with the fine of Rs.7,00,000/- which was awarded as a compensation, imposed SL. DATE ORDER OFFICE NO. NOTE against the Petitioners/Accused Nos.1 to 3 on the following terms.

Accordingly, the petition is allowed and the Petitioners/ Accused Nos.1 to 3 shall be released on bail on executing personal bond for Rs.20,000/- (Rupees Twenty thousands only) each with two sureties for the like sum each to the satisfaction of the learned V Additional District & Sessions Judge- cum-Special Judge for trial of offences against Women, West Godavari at Eluru.

(ii) Petitioners shall deposit 1/4th of compensation amount, within a period of four (04) weeks from the date of their release.

(iii) Petitioners shall appear before this Court when the matter is posted for final hearing.

_______ VJP, J

List the matter in regular course.

_______ VJP, J Note: Issue C.C today B/o.

Dinesh