Citation : 2024 Latest Caselaw 8069 AP
Judgement Date : 5 September, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.378 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
4. 05.09.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.1 of 2024
The present application is filed by the
petitioner/appellant/Accused under Section 389 (1) of
Cr.P.C., seeking his release on bail by suspending the
sentence of imprisonment imposed by the learned VIII
Additional District and Sessions Judge, Prakasam at
Ongole, vide S.C.No.515 of 2010, dated 04.04.2019,
pending the present Criminal Appeal before this Court.
2. The learned counsel for the petitioner/
appellant contends that immediately after
pronouncement of judgment, the
petitioner/appellant/Accused was taken into custody
and he is undergoing imprisonment in District Jail,
Guntur. He further contends that the
petitioner/appellant/Accused has already served five
(05) years of actual sentence. The learned counsel for
the petitioner/appellant further contends that as the
appeal is of the year-2019, 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 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 has not fallen within the
prohibitory categories envisaged in the above referred
judgment.
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 is directed to
be released on bail on his executing personal bond for
Rs.20,000/- (Rupees Twenty Thousand only) with two
(02) sureties for a like sum each to the satisfaction of
the learned Additional Judicial Magistrate of First
Class, Addanki.
6. The petitioner/appellant/Accused is directed to
report before the Station House Officer concerned,
once in a month i.e., 1st of every month. The
petitioner/appellant/Accused 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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