Pradani Nageswara Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 8072 AP

Andhra Pradesh High Court - Amravati

Pradani Nageswara Rao vs The State Of Andhra Pradesh on 5 September, 2024

                     HIGH COURT OF ANDHRA PRADESH
                     MAIN CASE No: Crl.A.No.526 of 2024
                                 PROCEEDING SHEET

SL.     DATE                                   ORDER                        OFFICE
NO.                                                                          NOTE
02.   05.09.2024   VJP, J
                                           I.A.No.1 of 2024
                            The instant petition under Section 389(1)
                   of the Code of Criminal Procedure read with
                   Section 430(1) of BNSS Act, 2023, has been
                   filed    by       the   Petitioners/Appellants/Accused

                   Nos.1 to 3, to release them on bail by
                   suspending the execution of sentence of
                   imprisonment imposed against the Petitioners in

                   N.S.C.No.56 of 2017 on the file of IX Additional

                   District      &    Sessions      Judge,    Chodavaram,

                   wherein the Petitioners/A1 to A3 were convicted
                   for the offence punishable under Section
                   20(b)(ii)(B) r/w.8(c) of the N.D.P.S. Act and
                   sentenced to undergo rigorous imprisonment
                   for a period of two (2) years and to pay fine of

                   Rs.20,000/- each, in default of payment of such

                   fine, to suffer simple imprisonment for a period

                   of six months each.

                            2. Heard Sri Gollapalli Maheshwara Rao,

                   learned counsel for the Petitioners.

                            3. Ms. K.Priyanka Lakshmi, learned
                   Assistant Public Prosecutor takes notice on
                   behalf of the State/Respondent.

 SL.   DATE                           ORDER                                  OFFICE
NO.                                                                          NOTE

4. Learned counsel for the Petitioners/

Appellants would submit that they have good

grounds to succeed in the appeal. Petitioners

are very poor people, they are the bread

winners of their respective families. They could

not even pay the fine amount imposed against

them. Petitioners have been in jail since from

the date of judgment i.e. 29.06.2024. They were

on bail through the trial. Learned counsel further would submit that appeal may take considerable time and prays to allow the

petition by suspending the sentence of

imprisonment and also the fine amount imposed

by the learned trial Court against the

Petitioners, since the Petitioners could not pay

the fine amount due to their poor financial

condition.

5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

6. Considering the submissions made,

there are no criminal antecedents against the

Petitioners except the present case and the

present appeal may take considerable time for

disposal, in addition to that the Petitioners were

on bail throughout the trial, it is apposite to SL. DATE ORDER OFFICE NO. NOTE release the Petitioners on bail.

7. In that view, the petition is allowed, suspending the sentence of imprisonment and the fine amount imposed against the Petitioners on the following conditions:

i) The Petitioners shall execute a personal bond of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties for a like sum each to the satisfaction of the IX Additional District &

Sessions Judge, Chodavaram, now at Anakapalli.

ii) The Petitioners shall appear before this Court when the appeal is coming up for final hearing.

______ VJP, J

List the matter in regular course.

______ VJP, J PND