Mopada Appalanaidu, vs The State Of Andhra Pradesh
2024 Latest Caselaw 9324 AP

Andhra Pradesh High Court - Amravati

Mopada Appalanaidu, vs The State Of Andhra Pradesh on 15 October, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.628 OF 2024
                          PROCEEDING SHEET

SL.     DATE                        ORDER                           OFFICE
NO.                                                                  NOTE
02.   15.10.2024 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 No.1 seeking to
                 suspend the sentence imposed against him in
                 S.C.No.3 of 2023 on the file of the Court the
                 Special Judge for trial of offences against
                 Women-cum-V Additional District & Sessions
                 Judge, Vizianagaram, pending disposal of the
                 Criminal Appeal.
                        The    Petitioner/Accused   No.1    was
                 convicted and sentenced to undergo rigorous
                 imprisonment of seven years and to pay fine of
                 Rs.500/- IDSI for fifteen days for the offence
                 punishable under Section 304-II IPC and also
                 sentenced to pay fine of Rs.1,000/- IDSI for
                 one month for the offence punishable under
                 Section 323 r/w 34 IPC.

                       Heard Sri Bonu Rama Shankar Rao,
                 learned counsel for the Petitioner and Sri
                 Ms.K.Priyanka Lakshmi, learned Assistant
                 Public Prosecutor for Respondent.

Learned counsel for the Petitioner / Accused No.1 would submit that, they have merits to succeed in the appeal. It is further submitted that, from the date of conviction, the Petitioner has been in jail and fine amount has also been paid by the Petitioner.

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 SL. DATE ORDER OFFICE NO. NOTE 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 No.1 on the following terms.

Accordingly, the petition is allowed and the Petitioner / Accused No.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 Special Judge for trial of offences against Women-cum-V Additional District & Sessions Judge, Vizianagaram. 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