Citation : 2024 Latest Caselaw 9501 AP
Judgement Date : 21 October, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.508 of 2022 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
16. 21.10.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.1 of 2023
The present application is filed by the
petitioner/appellant/Accused No.2 under Section
389(1) of Cr.P.C., seeking his release on bail by
suspending the sentence of imprisonment imposed by
the learned the I Additional District & Sessions Judge,
Chittoor, vide S.C.No.316 of 2012, dated 26.09.2017,
pending the present Criminal Appeal before this
Court.
2. The learned counsel for the petitioner/
appellant/Accused No.2 contends that immediately
after pronouncement of judgment, the
petitioner/appellant/ Accused No.2 was taken into
custody and he is undergoing imprisonment in Central
Prison, Kadapa. He further contends that the
petitioner/appellant/ Accused No.2 has already served
five (05) years of actual sentence. The learned
counsel for the petitioner/appellant/ Accused No.2
further contends that as the appeal is of the year-
2022, 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 the other hand, the learned Assistant
Public Prosecutor, on instructions, states that the
case of the petitioner/appellant/Accused No.2 has not
fallen within the prohibitory categories envisaged in
the above referred order.
4. 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.
5. The petitioner/appellant/Accused No.2 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 IV Additional
Junior Civil Judge - cum - Judicial Magistrate of First
Class, Chittoor.
6. The petitioner/appellant/Accused No.2 is
directed to report before the Station House Officer
concerned, once in a month i.e., 1st of every month.
The petitioner/appellant/Accused No.2 is 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
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