Andhra Pradesh High Court - Amravati
Pappala Nageswara Rao vs The State Of Andhra Pradesh on 14 October, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.754 of 2019
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
4. 14.10.2024 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/sole Accused under Section 430
(1) & (2) of Bharathiya Nagarik Suraksha Sanihita,
2023, seeking his release on bail by suspending the
sentence of imprisonment imposed by the learned
Principal District & Sessions Judge, Visakhapatnam,
vide S.C.No.86 of 2016, dated 20.02.2018, pending
the present Criminal Appeal before this Court.
2. The learned counsel for the petitioner/
appellant/Accused contends that the petitioner was
convicted under Section 302 IPC and sentenced to
undergo imprisonment for „LIFE‟ and also to pay fine of
Rs.500/-, in default of payment of fine, suffer simple
imprisonment for a period of one month. The
judgment was delivered on 20.02.2018. 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 more
than six (06) years and six (06) months 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 01.10.2024 when the matter was taken up for
hearing, this Court requested the learned Assistant
Public Prosecutor to obtain instructions with regard to
mental health condition of the petitioner. Pursuant to
the same, learned Assistant Public Prosecutor has
produced medical certificate issued by the Civil
Assistant Surgeon, Central Prison, Visakhapatnam,
wherein the Medical Officer has stated as under:-
"However, he is in normal though process
normal judgmental abilities and over all normal
mental health is maintained. He is not
receiving antidepressants right from the date of
admission into prison, until today."
4. Further, 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.
5. 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.
6. 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 Judicial Magistrate of First Class,
Chinthapalli.
7. 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.
8. Accordingly, with the above directions, this
application is allowed.
__________________
K.SURESH REDDY,J
_______________________
K. SREENIVASA REDDY,J
SAB
