Gadde Rama Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 10400 AP

Andhra Pradesh High Court - Amravati

Gadde Rama Rao vs The State Of Andhra Pradesh on 18 November, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
             MAIN CASE No.CRL.A.No.329 OF 2022
                          PROCEEDING SHEET

SL.   DATE                           ORDER                            OFFICE
NO.                                                                    NOTE
15. 18.11.2024   VJP, J
                                 I.A.No.1 of 2024
                       The instant petition under Section 389(1) of
                 Cr.P.C has been filed by the Petitioner/Accused
                 seeking to release them on bail by suspending
                 the sentence imposed against him, pending
                 disposal of the criminal appeal.

                        The Petitioner is convicted and sentenced
                 to undergo rigorous imprisonment of ten years
                 and to pay fine of Rs.2,000/- IDSI for two months
                 for the offence under Section 376(2)(J)(l) IPC,
                 and also to suffer rigorous imprisonment for two
                 years and to pay fine of Rs.1,000/- IDSI for one
                 month for the offence under Section 450 IPC in
                 S.C.No.11 of 2018 on the file of the Court of
                 II Additional District & Sessions Judge-cum-
                 Special Judge for trial offences against Women,
                 Prakasam District at Ongole, dated 11.05.2022.
                 Fine amount is already paid by the Petitioner.

                       Heard Sri S.S.Rama Krishna Prasad,
                 learned counsel for the Petitioner and
                 Ms.K.Priyanka Lakshmi, learned Assistant Public
                 Prosecutor for Respondent.

Learned counsel for the Petitioner / Accused would submit that, the Petitioner has been in jail for the last 2 ½ years and that they have merits to succeed in the appeal. Learned counsel would submit that the Petitioner is suffering from ill health and he is the only bread winner of his family. Learned counsel by placing reliance on the judgment of the Hon'ble Apex Court in Crl.Appeal No.3415 of 2023, dated 03.11.2023, would submit that, there is no hard and fast rule which requires an Accused to undergo sentence for a particular period before SL. DATE ORDER OFFICE NO. NOTE his prayer for suspension of sentence is considered.

Learned Assistant Public Prosecutor, would submit that the Court may pass appropriate orders.

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 and the hearing of the appeal may take considerable time, and he has been in jail since the date of conviction, it is apposite to suspend the sentence of imprisonment imposed against the Petitioner / Accused on the following terms.

Accordingly, the petition is allowed and the Petitioner / Accused shall be released on bail on executing personal bond for Rs.20,000/- (Rupees Twenty thousands only) with two sureties for the like sum each to the satisfaction of the learned II Additional District & Sessions Judge-cum-Special Special Judge for trial offences against Women, Prakasam District at Ongole. Petitioner 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/0.

Dinesh