K S Khadar Basha vs The State Of Ap
2024 Latest Caselaw 10361 AP

Andhra Pradesh High Court - Amravati

K S Khadar Basha vs The State Of Ap on 15 November, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
             MAIN CASE No.CRL.A.No.722 OF 2024
                          PROCEEDING SHEET

SL.   DATE                           ORDER                            OFFICE
NO.                                                                    NOTE
01. 15.11.2024   VJP, J
                                 I.A.No.1 of 2024
                       The instant petition under Section 430(1) of
                 BNSS has been filed by the Petitioners/Accused
                 Nos.1 to 3 seeking to release them on bail by
                 suspending the sentence imposed against them,
                 pending disposal of the criminal appeal.

                        The Petitioners are convicted and
                 sentenced to undergo rigorous imprisonment of
                 seven years each and to pay fine of Rs.3,000/-
                 each IDSI for three months each for the offence
                 under Section 306 read with 34 IPC in
                 S.C.No.277 of 2019 on the file of the Court of
                 Additional      Assistant  Sessions      Judge,
                 Ananthapuramu. Fine amount is already paid by
                 the Petitioners.

                      Heard Sri N.Aswartha Narayana, learned
                 counsel for the Petitioners and Ms.K.Priyanka
                 Lakshmi, learned Assistant Public Prosecutor for
                 Respondent.

Learned counsel for the Petitioners / Accused Nos.1 to 3 would submit that, they have merits to succeed in the appeal. It is further submitted that, there are no criminal antecedents against the Petitioners.

Learned Assistant Public Prosecutor, would submit that the Petitioners were on bail throughout the trial and no untoward incident has been reported during that period 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 SL. DATE ORDER OFFICE NO. NOTE 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 imposed 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 Additional Assistant Sessions Judge, Ananthapuramu. 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 Dinesh