Citation : 2024 Latest Caselaw 8143 AP
Judgement Date : 9 September, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.381 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
4. 09.09.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.2 of 2024
The present application is filed by the
petitioner/appellant/A.1 under Section 389 (1) of
Cr.P.C., seeking her release on bail by suspending the
sentence of imprisonment imposed by the learned VII
Additional District and Sessions Judge, Prakasam at
Ongole, vide S.C.No.133 of 2015, dated 29.03.2019,
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 she is undergoing imprisonment in Central Jail for
Women, Nellore. 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 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 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 her 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 her 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 II Additional Judicial Magistrate of First
Class, Ongole.
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
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