Andhra Pradesh High Court - Amravati
Shaik Muqtiyar Basha, vs The State Of Andhra Pradesh, on 4 October, 2024
lN THE HIGH COURT 9F ANDHRA PRADESH AT AM
FRIDAY, THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI
IA No.3 OF 2024
IN
CRLA NO.- 633 OF 2024
Between :
shaik Muqtl'yar Basha, s/o s. Bashumiah, aged about 31 years, Muslim,
Kashapuram village, AIampur MandaI, now at Joharapuram village, Kurnool.
...Appellant/Accused
(PetI'tl®Oner I'n CRLA 633 OF 2024
on the file of High Court)
AND
The State ofAndhra Pradesh, Through the sub-Inspector of police, Kurnool I
town ups, Rep. by its public Prosecutor, High Court ofAndhra Pradesh,
Ama ravatI-
...Respondent/complainant
counsel forthe petitioner : SRI Y.RATNA PRA(BRHe:POndents in-do-)
Counselforthe Respondent : PUBLIC PROSECUTOR
petition under section 389(1) of cr.p.c, praying that in the
circumstances stated in memorandum of grounds of criminal appeal, the High
court may be pleased to suspend the execution of the sentence of
imprisonment I'mPOSed agal'nst the appellant on o6.ll.2023 in Sessl'ons case
No.159 of 2018 by the Learned court IV Additional DistrI'Ct and Sessions
Judge, Kurnool and to releaser the appellant on bail, pending disposal of
CRLA No.633 of 2024, on the file of the High Court.
ORDER:
"The instant petition ~'under section 389 (1) of Code of criminal
procedure has been filed by the petitioner/Accused seeking to release
hl-m on bail by suspending the sentence imposed against him, pending
dI-SPOSal of the crl-ml-hal appeal.
The PetI-tiOner Was COnViCted and sentenced to undergo rigorous
imprisonment of three years and to pay fine of Rs.50,000/- for the
offence under section 498-A IPC and also sentenced to undergo
rigorous imprisonment for a period of two years and sha" pay a fine of
Rs.1000/-for the offence under section 4 of the Dowry Prohibition Act
v,-de Judgment dated o6.ll.2023 passed in sc No.159 of 2018 on the fI-Ie
of the court of IV Additional District and sessI-OnS Judge, KurnooI.FI-ne
amount is already paid by the petitioner.
Heard Smt. Y.Ratna Prabha, learned counsel for the petitioner and
learned Assistant public prosecutor for Respondent/state.
Learned counsel for the petitioner / Accused would submit that, it
is the case of dowry demand and that the petitioner belongs to Islam
community. Learned counsel would further submit that petitI-Oner has
got merits to succeed I-n the appeal. It is further submitted that, during
trial the PetitI'Oner Was On bail. Learned counsel would submit that, the
Petitioner has been in jail from the date of conviction.
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
cI-rCumStanCeS Of the case, as the petitioner preferred appeal
chaIIengI-ng the validity and correctness of the impugned judgment and
the hearing of the appeal may take considerable time, I-I iS apposite tO
suspend the sentence of imprisonment imposed against the petitioner /
Accused on the following terms.
Accordingly, lA No.1,of 2024 is allowed and the Pet-ltioner
/Accused sha" 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 court of lv Additional District
and sess-Ions Judge, KurnooI. Petitioner Shall appear before this Court
when the matter is posted for i-Inal hearing." _4
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sol -I(.i_AT
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RE
DEB UTY
//TRUE COPY// I ICER
ForA SECT`ONOF _.\-K
To,
1. TheifEfH8aJegEEFIV Additional District and Sessions J_u_dge, Ku_rnool
2. The Superintendent, Kadapa Central Ja'll, Kadapa.
3. The Sub-Inspector Of Police, Kurnool I town UPSr kt#Ton¢d{'
4. One CC to Sri. Y.Ratna Prabha, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare COPY
MM
HIGH COURT
VJP,J
DATED :04/10/2024
ORDER
IA.No.3 OF 2O24
IN
DIRECTION
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