Nellore Rama Swamy vs The State Of Ap
2024 Latest Caselaw 9323 AP

Andhra Pradesh High Court - Amravati

Nellore Rama Swamy vs The State Of Ap on 15 October, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.717 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

24. 15.10.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.No.5 of 2024

The present application is filed by the

petitioners/appellants/Accused Nos.2 to 4 under

Section 389 (1) of Cr.P.C., seeking their release on

bail by suspending the sentence of imprisonment

imposed by the learned III Additional District &

Sessions Judge, Nellore, vide S.C.No.406 of 2012,

dated 29.08.2019, pending the present Criminal

Appeal before this Court.

2. The learned counsel for the petitioners/

appellants/Accused Nos.2 to 4 contends that

immediately after pronouncement of judgment, the

petitioners/appellants/Accused Nos.2 to 4 were taken

into custody and they are undergoing imprisonment in

Central Prison, Nellore. He further contends that the

petitioners/appellants/Accused Nos.2 to 4 have

already served five (05) years of actual sentence. The

learned counsel for the petitioners/appellants/Accused

No.2 to 4 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 petitioners/appellants/Accused Nos.2 to 4

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

petitioners/appellants/Accused Nos.2 to 4 have not

fallen within the prohibitory categories envisaged in the

above referred order.

4. In view of the same, this Court is inclined to

enlarge them on bail by suspending the sentence of

imprisonment imposed by the learned Sessions Judge

pending the present Criminal Appeal.

5. The petitioners/appellants/Accused Nos.2 to 4

are directed to be released on bail on their executing

personal bond for Rs.10,000/- (Rupees Ten Thousand

only) each with two (02) sureties for a like sum each to

the satisfaction of the learned IV Additional Judicial

Magistrate of First Class, Nellore.

6. The petitioners/appellants/Accused Nos.2 to 4

are directed to report before the Station House Officer

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

The petitioners/appellants/Accused Nos.2 to 4 are 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 / TSNR