Andhra Pradesh High Court - Amravati
Penamala Sreenivasulu, vs The State Of Andhra Pradesh on 19 October, 2024
[3365]
IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATl
SATURDAY ,THE NINETEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGJ
lANo.1 OF2024
lN
CRLRC NO: 985 OF 2024
Betwee n : .,,'
1. Penamala Sreenivasulu, S/o. Ramanaiah Aged about 3
Ashok Nagar, Gudur SPSR Nellore District. r..<`_ __ i
2. Nakka Venkatarathnam, S/o. Venkataiah, Aged about 60 years, R/o.
Janakiram Pet, Gudur, SPSR Nellore District.
...Revision Petitioners/Appellants/Accused NO.1 & 2
(Petitioner in CRLRC 985 OF 2024
on the file of High Court)
AND
The State ofAndhra Pradesh, Rep by its. Public Prosecutor, High Court of
Andhra Pradesh, Amaravathi.
...RespondenVRespondenVComplainant
(Respondents in-do-)
Counsel for the Petitioner : Sri BURLU CHANDRA SEKHAR E=
Counsel for the Respondent :PUBLIC PROSECUTOR
Petition under Section 528 of BNSS, 2023(Section 482 of Cr.P.C),
praying that in the circumstances stated in the memorandum of grounds filed
in support of the Criminal Petition, the High Court may be pleased to suspend
the operatl'on of Calendar and Judgment Dt. 08-08-2018 in CC No. 351 of
2014 on the file of the Addl. Judicial Magistrate of First class Court, Gudur
which was confirmed by the Judgment Dt. 24-09-2024, in Criminal Appeal No.
`a255 of 2018 in the court of The VII Addl. Sessions Judge, Gudur, SPSR
NeIIore District, Pending disposal of CRLRC No. 985 of 2024, on the file of
the High Court.
..
The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order will be deemed to be the receipt of
notice in the case).
ORDER
{lHeard Sri Posani Venkateswarlu, learned Senior Counsel
representing on behalf of Sri Burlu Chandra Sekhar, learned counsel for
the petitioners/Al and A2.
Perused the record.
This application is filed under Section 528 of BNSS, seeking
suspension of sentence and release of the petitioners/Al and A2 on bail.
Questioning the concurrent findings and punishment inflicted by
both the Courts below a revision is preferred.
The learned AppeIIate Judge granted two weeks time to convicts
to surrender and serve the sentence. The said judgment, which is
impugned, was passed on 24.09.2024. Well within the time that was
granted, it was on 03.10.2024 the revision was filed.
Considering these facts, this petition is allowed, suspending the
sentence passed by the learned Vll Additional Sessions Judge, Gudur,
SPSR Nellore District in Criminal Appeal No.255 of 2018, dated
24.09.2024. The petitioners/Al and A2 shall be released on ball upon
executing a personal bond for Rs.10,000/-(Rupees Ten Thousand only)
each with two sureties for a like sum each, to the satisfactIIon of the
learned Additional Judicial Magistrate of First Class, Gudurw "
/., A
sd/-sK. MD.___-^B
RAF=l
Al ^ss\sT-ThRTintG\STR^R
//TRUE COPY//
` ``- -
For AS` SECTION OFFICER
1. The Additional Judicial Magistrate of First class, Gudur.
2. The VII Addl. Sessions Judge, Gudur, spsR Nellore District
3. One CC to SRI. BURLU CHANDRA SEKHAR Advocate [opuc]
4. Two CCs to PUBLIC PROSECUTOR, High coun ofA.P[OUT]
5. One spare copy.
psk
HIGH COURT
DR. VRKS,J
DATED: 19/10/2024
POST AFTER SIX WEEKS
ORDER
IANo.1 OF2024
lN
CRLRC NO: 985 OF 2024
DIRECTION
g_'!
