Kalisetty Uma Maheswara Rao Uma vs The State Of Andhra Pradesh
2024 Latest Caselaw 10459 AP

Andhra Pradesh High Court - Amravati

Kalisetty Uma Maheswara Rao Uma vs The State Of Andhra Pradesh on 19 November, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
             MAIN CASE No.CRL.A.No.673 OF 2024
                          PROCEEDING SHEET

SL.   DATE                           ORDER                            OFFICE
NO.                                                                    NOTE
05. 19.11.2024   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 simple imprisonment for one year and
                 to pay fine of Rs.1,000/- IDSI for one month for
                 the offence under Section 354-D IPC, to undergo
                 simple imprisonment for six months and to pay
                 fine of Rs.1,000/- IDSI for one month for the
                 offence under Section 417 IPC, to undergo
                 rigorous imprisonment for twenty years and pay
                 fine of Rs.5,000/- IDSI for one month for the
                 offence under Section 5(l) r/w 6 of POCSO Act in
                 POCSO S.C.No.13 of 2023 on the file of the
                 Court of Special Judge for trial Cases under
                 POCSO Act, Vizianagaram, dated 23.09.2024.
                 The substantive sentences of imprisonment were
                 ordered to run concurrently. Fine amount is
                 already paid by the Petitioner.

                      Heard Sri M.Pawan Kumar, 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, as per the date of birth certificate of the victim, which was issued immediately after her birth, by the date of the alleged incident the victim was major. Learned counsel would further submit that the Petitioner has been in Jail since the date of conviction and they have good grounds to succeed in the appeal.

 SL.   DATE                           ORDER                           OFFICE
NO.                                                                   NOTE

Learned Assistant Public Prosecutor, would submit that the Petitioner was 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 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 Special Judge for trial Cases under POCSO Act, Vizianagaram. 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/o.

Dinesh