Naru Appala Naidu vs The State Of Andhra Pradesh
2024 Latest Caselaw 9787 AP

Andhra Pradesh High Court - Amravati

Naru Appala Naidu vs The State Of Andhra Pradesh on 23 October, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.644 OF 2024
                          PROCEEDING SHEET

SL.     DATE                        ORDER                          OFFICE
NO.                                                                 NOTE
04.   23.10.2024 VJP, J
                               I.A.No.1 of 2024
                       The instant petition under Section 389
                 (1) Crl.P.C read with Section 430(1) of BNSS
                 has been filed by the Petitioner/Accused No.1
                 seeking to release him on bail by suspending
                 the sentence imposed against him, pending
                 disposal of the criminal appeal.
                       The Petitioner was convicted and
                 sentenced to undergo simple imprisonment of
                 one year and to pay fine of Rs.1,000/- IDSI for
                 one month for the offence under Section 354-D
                 IPC, to suffer rigorous imprisonment for ten
                 years and to pay fine of Rs.5,000/- IDSI for
                 one month for the offence under Section 376
                 IPC, to suffer simple imprisonment for six
                 months and to pay fine of Rs.1,000/- IDSI for
                 one month for the offence under Section 417
                 IPC and also sentenced to suffer rigorous
                 imprisonment for ten years and to pay fine of
                 Rs.2,000/- IDSI for one month for the offence
                 under Section 3(2)(v) of SC & ST (PoA) Act in
                 SCSTSC       No.14     of    2019    by    the
                 Special Judge for trial of cases under SCs &
                 STs (PoA) Act, Vizianagaram. Fine amount is
                 already paid by the Petitioner.

                       Heard Ms.T.Sowmya Naidu, learned
                 counsel for the Petitioner and Ms.K.Priyanka
                 Lakshmi, learned Assistant Public Prosecutor
                 for Respondent.

Learned counsel for the Petitioner / Accused No.1 would submit that there are clear inconsistencies in the evidence of the prosecution witnesses and that they have good grounds to succeed in the appeal. It is further submitted that, during trial the petitioner was on bail. Learned Assistant Public SL. DATE ORDER OFFICE NO. NOTE Prosecutor, would submit that there is medical evidence against the Petitioner. However, submitted that the Petitioner has no criminal antecedents. The Petitioner was on bail throughout the trial and no untoward incident has been reported during that period and Court may pass appropriate orders.

Considering the submissions made and in the facts and circumstances of the case, as 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 cases under SCs & STs (PoA) Act, 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 Note: Issue C.C. today B/o.

Dinesh