R.Mangamma vs State Of Ap
2024 Latest Caselaw 10607 AP

Andhra Pradesh High Court - Amravati

R.Mangamma vs State Of Ap on 25 November, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.319 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

3. 25.11.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Sreenivasa Reddy)

I.A.No.1 of 2024

The present application is filed by the

petitioner/appellant/Accused under Section 430(1) of

Bharatiya Nagarik Suraksha Sanhita, 2023, seeking

his release on bail by suspending the sentence of

imprisonment imposed by the learned Judge, Family

Court - cum - III Additional District & Sessions Judge,

Vizianagaram, vide S.C.No.8 of 2018, dated

18.03.2019, pending the present Criminal Appeal

before this Court.

2. The learned counsel for the petitioner/

appellant/Accused contends that immediately after

pronouncement of judgment, the petitioner/appellant/

Accused was taken into custody and he is undergoing

imprisonment in Central Prison, Visakhapatnam. He

further contends that the petitioner/appellant/ Accused

has already served five (05) years of actual sentence.

The learned counsel for the petitioner/appellant/

Accused 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 petitioner/appellant/Accused 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 Assistant

Public Prosecutor, on instructions, states that the

case of the petitioner/appellant/Accused has not fallen

within the prohibitory categories envisaged in the

above referred order.

4. In view of the same, this Court is inclined to

enlarge him on bail by suspending the sentence of

imprisonment imposed by the learned Sessions

Judge pending the present Criminal Appeal.

5. The petitioner/appellant/Accused is directed to

be released on bail on his executing personal bond

for Rs.10,000/- (Rupees Ten Thousand only) with two

(02) sureties for a like sum each to the satisfaction of

the learned Additional Judicial Magistrate of First

Class, Vizianagaram.

6. The petitioner/appellant/Accused is directed to

report before the Station House Officer concerned,

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

petitioner/appellant/Accused is 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