Andhra Pradesh High Court - Amravati
Nagooru Yesurathnam Reddy vs The State Of Andhra Pradesh on 29 October, 2024
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IN THE HIGH COURT -OF ANDHRA PRADESH AT AMARAVATl [J#ut€ffi
TUESDAY ,THE TWENTY NINETH DAY OF OCTOBER !l zdr5J E=E!
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAl
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CRLA NO: 679 OF 2024 I _"I-*S*_I. -
Between :
Nagooru Yesurathnam Reddy, S/o. N. Chenga Reddy, Aged 64 yrs, Occ
Agriculture, R/o. Balaganapalle, G.D.Nellore Mandal, Chittoor District.
...Appellant/Accused
(Petitioner in CRLA 679 OF 2024
on the file of Hl'gh Court)
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of
Andhra Pradesh at Amaravati.
... Respondent/Complainant
(Respondents in-do-)
Counsel for the Petitioner : Sri D PURNACHANDRA REDDY
Counsel for the Respondent .-PUBLIC PROSECUTOR
lANo.1 OF2024
Petition under Sections 430(1) of BNSS, 2023(Section 389(1) of Cr.P.C), I-S
filed 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 execution of sentence dt.28.10.2024 passed in RSS S.C.No. 399
of 2022 on the file of the special court in the cadre of Addl. District &
Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati and
release the petitioner on bail, Pending disposal of CRLA No. 679 of 2024, on
the file of the High Court.
lA No. 2 OF2024
Jry
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 sentence of payment of fine of Rs. 6,00,000/- l'.e., imposed on the
petitioner vide its judgment dt.28.10.2024 passed in RSS S.C.No. 399 of 2022
on the file of the Special Court in the cadre of Addl. District & Sessions Judge
for Trial of Red Sanders Smuggling Cases, Tirupati ,Pending disposal of
CRLA No. 679 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 wI-th, made the
following order.(The receipt of this order will be deemed to be the receipt of
notice in the case).
ORDER
{lThese Petitions have been filed by the petitioner/Accused
seeking to suspend the sentence of rigorous imprisonment of five years
and to pay fine of Rs.3,00,000/- in default, shall undergo sl-mple
imprI-SOnment for Six months for the Offence Punishable under Section
29(4)(i)(a) of the Andhra Pradesh Forest (Amendment) Act, 2016 and
further sentenced to undergo Rigorous Imprisonment for five years and
to pay fine of Rs.3,00,000/- in default, shall undergo simple
imprl-sonment for six months for the offence under section 32-A
Punishable under Section 36 of the Andhra Pradesh Forest (Amendment)
Act, 2016 passed in RSS SC No.399 of 2022 on the file of the Special
Court in the cadre of Additional District and Sessions Judge for Trial of
Red Sanders Smuggling Cases, Tirupati and also to suspend the
sentence of payment of fine of Rs.6,00,000/-imposed on the petitioner I-n
the above Judgment, pending disposal of the Criminal Appeal. Leamed
Trial Judge directed that all the sentences shall run concurrently,
Heard Sri D.Purnachandra Reddy, learned counsel for the
petitioner and smt.K.Priyanka Lakshmi, learned Assistant Public
prosecutor for respondent /state. perused the material on record.
Learned counsel for the Petitioner would submit that, he got have
merits to succeed in the appeal. The learned Trial Judge has not
appreciated the evidence in proper perspective and that the sentence of
punishment imposed on the accused is onerous and unjustifiable and
that the contraventions of the offence are not attributable to the
petitioner since he cut the sander tree in the land belongs to him and
kept the same in his house. Learned counsel submitted that in a routine
matter, the police officials falsely implicated the Petitioner in this Case.
Learned counsel would submit that the Petitioner has been in jail from
the date of the judgment and the fine amount has not paid by the
petitioner. Learned counsel for Petitioner would submit that the
petitioner is a poor agriculturist and is only bread Winner Of the family
and payment of fine amount may be suspended.
Learned Assistant Public Prosecutor, submitted I_hat the Court
may pass appropriate orders.
considering the submissions made and in the facts and
circumstances of the case, as the petitioner preferred this appeal
challenging the validity and correctness of the impugned judgment by
raising several issues and the hearing of the appeal may take
considerable time, it is apposite to suspend the sentence of
imprisonment imposed against the petitioner / Accused on the following
terms.
Accordingly, these petition are allowed and the petitioner/Accused
~/
be released on bail on his executing a personal bond for Rs.20,000/-
(Rupees Twenty thousand only) with t`^,o sureties for the like sum each
to the satisfaction of the Court of Ill Additional Judicial Magistrate of
First class, Chittoor, pending disposal of the crjmI-nat appeal. Petitioner
shall appear before this Court when the matter-is posted for final
hearing. Further, Petl-tioner shall deposit Rs.1,00,000/- out of
Rs.6,00,0000/-fine amdunt imposed by the Trial Court within a perl-od of
four weeks from the date of his release on bail."
f\
sd/-p.u.v. BHASKAR RAG
ASSISTANT REGISTRAR
_/I
//TRUE COPY//
sEC"ON OFFICER
To,
1. The Special Court in the cadre ofAddl. District & SessI'OnS Judge for
Trial of Red Sanders Smuggling Cases, Tirupati.
2. The Ill Additional Judicial Magistrate of I class, Chl-ttoor.
3. The Superintendent, Central prison, NeIIore.
4. Nagooru Yesurathnam Reddy, S/o. N. Chenga Reddy, Aged 64 yrs,
Occ Agrl'culture, R/o. BalaganapaIIe, G.D.Nellore Mandal, Chittoor
District.(by RPAD)
5. One CC to SRl. D PURNACHANDRA REDDYAdvocate [OPUC]
6. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC]
7. One spare copy
psk
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HIGH COURT
VJP,J
DATED:29/10/2024
LIST THE MATTER IN THE REGULAR COURSE
ORDER
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CRLA NO: 679 OF 2024
ALLOWED
