Chinthapalli Balaswamy, vs The State Inspector Of Police
2024 Latest Caselaw 9227 AP

Andhra Pradesh High Court - Amravati

Chinthapalli Balaswamy, vs The State Inspector Of Police on 4 October, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No. 632 of 2024
                            PROCEEDING SHEET

SL.     DATE                           ORDER                           OFFICE
NO.                                                                     NOTE
01.   04.10.2024
                   Venkata Jyothirmai Pratapa, 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/A.1 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 two years and to pay fine of Rs.1,000/- for
                   the offence under Section 393 IPC and also
                   sentenced to undergo rigorous imprisonment
                   for a period of two years and shall pay a fine of
                   Rs.1000/- for the offence under Section 304-II
                   IPC vide Judgment dated 20.09.2024 passed
                   in SC No.271 of 2015 on the file of the Court of
                   II Additional Sessions Judge, Guntur. Fine
                   amount is already paid by the Petitioner.

                         Heard Sri A.Venkata Durga Rao, learned
                   counsel for the Petitioner and learned
                   Assistant     Public      Prosecutor      for
                   Respondent/State.

Learned counsel for the Petitioner / Accused would submit that, the deceased died due to his intoxicated mind and sustained self inflicted injuries and as per Exs.P16 and P19 clearly explains that the death of the deceased caused due to cardio pulmonary arrest. Learned counsel would further submit that Petitioner has got 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 has been in jail from the date of conviction.

 SL.   DATE                      ORDER                            OFFICE
NO.                                                               NOTE

Learned Assistant Public Prosecutor, 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, IA No.1 of 2024 is allowed and the Petitioner /A.1 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 II Additional Sessions Judge, Guntur. Petitioner shall appear before this Court when the matter is posted for final hearing.

List the matter in regular course.

Venkata Jyothirmai Pratapa, J Mjl/*