Vadithyababunaik Ashok Naik vs The State Of Andhra Pradesh
2024 Latest Caselaw 9208 AP

Andhra Pradesh High Court - Amravati

Vadithyababunaik Ashok Naik vs The State Of Andhra Pradesh on 4 October, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.336 OF 2022
                           PROCEEDING SHEET

SL.     DATE                          ORDER                            OFFICE
NO.                                                                     NOTE
04.   04.10.2024 VJP, J
                                 I.A.No.1 of 2024
                        The instant petition under Section 389
                 (1) of Code of Criminal Procedure has been
                 filed by the Petitioner/Accused seeking to
                 release him on bail by suspending the
                 sentence imposed against him, pending
                 disposal of the criminal appeal.
                        The Petitioner was convicted and
                 sentenced to undergo rigorous imprisonment
                 of three years and to pay fine of Rs.1,000/- for
                 the offence under Section 420 IPC IDSI for one
                 month and also sentenced to suffer rigorous
                 imprisonment for ten years and to pay fine of
                 Rs.5,000/- IDSI for three months for the
                 offence under Section 5(j)(ii) & (l) read with 6 of
                 the POCSO Act in S.C.No.297 of 2018 by the
                 I Additional District and Sessions Judge,
                 Ananthapuram. Fine amount is already paid
                 by the Petitioner.

                       Heard     Sri  Posani   Venkateswarlu,
                 learned Senior Counsel assisted by Sri
                 Mutyala Sobhanadri Naidu, learned counsel
                 for the Petitioner and Sri C.Panini Somayaji,
                 learned Assistant Public Prosecutor for
                 Respondent.

Learned counsel for the Petitioner / Accused would submit that, they have merits to succeed in the appeal. It is further submitted that, during trial the petitioner was on bail. Learned counsel would submit that, the Petitioner is a boy of 21 years and both the Petitioner and the victim are separately married and the Petitioner has been in jail since 2 ½ years.

                       Learned    Assistant   Public   Prosecutor,
 SL.   DATE                         ORDER                             OFFICE
NO.                                                                   NOTE

would submit that the behaviour of the Petitioner in the jail is satisfactory 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, 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 a personal bond for Rs.20,000/- (Rupees Twenty thousands only) with two sureties for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Ananthapuram. Petitioner shall appear before this Court when the matter is posted for final hearing.

_______ VJP, J

List the matter in regular course.

_______ VJP, J Dinesh