Shaik Syed Rijaj vs The State Station House Officer
2024 Latest Caselaw 10399 AP

Andhra Pradesh High Court - Amravati

Shaik Syed Rijaj vs The State Station House Officer on 18 November, 2024

Author: K.Suresh Reddy

Bench: K Suresh Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.911 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

22. 18.11.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.No.1 of 2024

The present application is filed by the

petitioners/appellants/Accused Nos.1 to 3 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 XI Additional District & Sessions Judge,

Tenali, vide S.C.No.483 of 2016, dated 09.10.2019,

pending the present Criminal Appeal before this

Court.

2. The learned counsel for the petitioners/

appellants/Accused Nos.1 to 3 contends that

immediately after pronouncement of judgment, the

petitioners/appellants/Accused Nos.1 to 3 were taken

into custody and they are undergoing imprisonment in

Central Prison, Rajamahendravaram. He further

contends that the petitioners/appellants/Accused

Nos.1 to 3 have already served five (05) years of

actual sentence. The learned counsel for the

petitioners/appellants/Accused Nos.1 to 3 further

contends that as the appeal is of the year-2019, it

takes some more time to come up for "Final Hearing".

As such, he requests this Court to enlarge the

petitioners/appellants/Accused Nos.1 to 3 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/Accused Nos.1 to 3 have not

fallen within the prohibitory categories 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/Accused Nos.1 to 3

are directed to be released on bail on their executing

personal bond for Rs.10,000/- (Rupees Ten

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

sum each to the satisfaction of the learned I

Additional Judicial Magistrate of First Class, Tenali.

6. The petitioners/appellants/Accused Nos.1 to 3

are directed to report before the Station House Officer

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

The petitioners/appellants/Accused Nos.1 to 3 are

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