Citation : 2024 Latest Caselaw 9453 AP
Judgement Date : 17 October, 2024
lN THE HIGH COURT OF ANDHRA PRADESH-AT AMARAVATl
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3-.+
THURSDAY, THE SEVENTEENTH DAY OF OCTOBE
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
IA No. 2 OF 2024
IN
CRLRC NO: 1013 OF 2024
Between :
Neruturi Satya Sai JBaba, S/o.Satyanarayana, Aged about 55 Years, Occ:
Muncipal Employee, R/o.D.No.4-ll-1/3, Near Old Age Home,
Kondalammapuntha Road, Old Town, Tanuku.
u.Petitioner
~ AND
1. The State of Andhra Prade€sh, Rep.by Public Prosecutor High Court of
Amaravathi.
2. Kouju Rampandu, S/o.Ga`ngajalam, Aged about 39 Years, Occ:
Cultivation, D.No.2-12-8, Ward No.12, Near Durga Temple, Tanuku.
...Respondents/
Complainant
petition under section 438(1) of BNSS, 2024, is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the High
Court may be pleased to suspend the judgment the judgment in C.C.No.486
of 2019 dt: 10-05-2023 sentenced on ll-05-2023 on the file of Special
Metropolitan Magistrate, At Tanriku confirmed in Crl.A.No.162 of 2023
dt: 17-09-2024 on the file of IV Additional District and Sessions Judge,
Tanuku, pending disposal of CRLRC No. 1013 of 2024, on the file of the High
Court.
The petition coming on for hearing, upon perusing the Petition and the
grounds filed in support thereof and upon hearing the arguments of
M/s R.Gopi Mohan, Advocate for the Petitioner and 'of Public Prosecutor for
I,
Respondent No.1,
The Court made the following
ORDER:
[[Heard Sri R. Gopi Mohan, learned counsel for the petitioner.
As against the concuFreht judgment Of the COnViCtiOn under Section 138 of the Negotiable Instruments Act, the convict preferred the revision.
The present application seeks suspension of the execution of sentence and release of the petitioner. As could be notice from the judgment of the learned AppeIIate Court, time to surrender was granted on 16.10.-2024, before that on 15.10.2024 itself, this revision was filed.
ln these circumstances, this application is allowed and the petitioner shall be released on bail suspending the sentence passed by the learned IV Additional Dig-tri'`ct Judge, Tanuku, in Criminal Appeal NoI162 of 2O23, dated 17.09.[2024. The petitioner shall be released on bail upon executing a personal bond for Rs.30,000/- (Rupees Thirty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned Special Magistrate Court, Tanuku."
SD/-U.SRI DEVI
ASSISTANT RE lSTRAR /ITRUE COPY// SECTION OFFICER tl f``t¥Jt , `
A L_J
1. The Special Magistrate, At Tanuku, West Godavari District.
2. The lV Additional District and Sessions Judge, Tanuku, West Godavari District.
3. Kouju Rampandu, S/a.Gangajalam, Jr/ Aged about 39 Years, Occ:
cultivation, D.No.2-12-8, Ward No.12, Near Durga Temple, Tanuku. (By
RPAD)
4. One CC to SRI R.GOPI MOHAN, Advocate [OPUC]
5. Two cos toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [O UT]
6. One spare copy.
PSD HIGH COURT
DR.VRKS,J
DATED:17/10/2024
NOTE: LIST THE MATTER AFTER SIX (06) WEEKS
ORDER
I.A.NO.2 OF 2024 lN
.I
SUSPENSION
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