K.Alluraiah vs State Of A.P. And Rep., By Pp
2024 Latest Caselaw 9052 AP

Andhra Pradesh High Court - Amravati

K.Alluraiah vs State Of A.P. And Rep., By Pp on 1 October, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.1361 of 2017 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

3. 01.10.2024 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

petitioner/appellant/Accused No.1 under Section 389

(1) of Cr.P.C., seeking his release on bail by

suspending the sentence of imprisonment imposed by

the learned VI Additional District & Sessions Judge,

Prakasam at Markapur, vide S.C.No.29 of 2014, dated

27.07.2017, pending the present Criminal Appeal

before this Court.

2. The learned counsel for the petitioner/

appellant/Accused No.1 contends that immediately

after pronouncement of judgment, the

petitioner/appellant/Accused No.1 was taken into

custody and he is undergoing imprisonment in Central

Prison, Nellore. He further contends that the

petitioner/appellant/Accused No.1 has already served

five (05) years of actual sentence. The learned

counsel for the petitioner/appellant/ Accused No.1

further contends that as the appeal is of the year-2017,

it takes some more time to come up for "Final

Hearing". As such, he requests this Court to enlarge

the petitioner/appellant/Accused No.1 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 No.1 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 No.1 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, Giddalur.

6. The petitioner/appellant/Accused No.1 is

directed to report before the Station House Officer

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

The petitioner/appellant/Accused No.1 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