Andhra Pradesh High Court - Amravati
Batween vs Unknown on 9 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAY
MONDAY, THE NINTH DAY OF SEPTEMBER, |
TWO THOUSAND AND TWENTY FOUR
?-PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
iA No. 1 OF 2024
iN
GRLA NO: 543 OF 2024
Batween:
Bhumani Venkalesam«@ Subbareddy, S/o Venkatalah, aged about 28 years,
Trummalabailu vilage, Dornala Mandal, Prakasam District. |
Accused/Apoellant
{Petitioner in CRLA 543 OF 2024
on the fle af High Cour}
AND
The State of Andhra Pradesh, Rep. by is Public Prosecutor, High Court of
Andhra Pradesh, Amaravathi.
. RespondentRespondent
(Respondents in-do-}
Fettion under Section 389¢1}) of GrP.C praying that in the
circumstances stated in the memorandum of grounds of criminal appeal, the
High Court may be pleased to suspend the sentence Imposed In Sessions
Case No. 84 of 2015 on the file of Assistant Sessions Judge, Markaour dated
2u06 2024 by enlarging the petlioner on bail, pending discosal of
CRLA No.543 of 2024, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and
memorandum of grounds filed herein and upon hearing the arqurnenis of Sri
P Malikharjuria Rao, Advocate for the Appellant and Public Prosecutor for the
Reaponden, the Court made the following:
ORDER:
.
"The present application is fied seeking suspension of
imprisonment passed against the Petitioner in Sessions Case Na.o4 of
e018 dated 28.06.2024 on the file of the Court of Assistant Sessions
Judge, Markapur, pending disposal of the Criminal Appeal.
Heard Sri P.Mallikarjuna Rao, learned counsel for the Petitioner.
Nis.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes
notice on behalf of the State.
Leamed counsel for the Petitioner would submit that the Petitioner
was convicted and sentenced fo undergo ngarous imorisonment for 4
period of 2 months for the offence punishable under Section 447 of the
IPC, further sentenced fo undergo simple Imprisonment for a period of
fwo years for the offence punishable under Section 324 of the IPC and
also sentenced to undergo simple imprisonment for a period of four
years for the offence punishable under Section 3 of the Prevention of
Damage to Public Property Act, 1984.
Learned counsel for the Petitioner further would submit that the
Petitioner was on ball throughout the trial. Petitioner has been in fallan
conviction since the date of Judgment Le., 28.06.2024. Fine amount has
been paid and receipt Med. Learned counsel prays fo allow the petition,
Learned Assistant Public Prosecutor would submit that as per the
written instructions received from the Sub Inspector of Police, Dornala
Police Station, the Petitioner is invalved in five more cases.
Learned counsel for the Petitioner would submit that Crime No.80
of 2079 for the offence under Section 498-A of the IPC, case was ended
in acquitial, Crime No.26 of 2016, if is a case of 324 of the IPC, it was
ended in compromise before the Lok Adagiat. Crime No.42 of 20716, Nis a
case of 309 of the IPC, Ane amount has been imposed in 2048. Crime
No.104 of 2078, it is again a case of 324 of the PG, fh was anded in
compromise, Learned counsel further would submit that they have got
good grounds to succeed in the appeal. Petitioner was falsely implicated
in this case. The appeal may take considerable tHma for disposal and
prays to suspend the sentence of imprisonment passed against the
Petitioner. °
Considering the submissions made and a cursory look at the
material placed on record, the Petitioner was convicted and sentenced
to underge rigorous imprisonment for a period of 2 manths for the
offence punishable under Section 447 of the iPC, further sentenced to
underge simple imprisonment for a period of two years for the offence
punishable under Section 324 of the IPC and also senienced to underge
simple imprisonment for a period of four years for the offence
punishable under Section 3 of the Prevention of Damage to Public
Property Act, 1984. As rightly put by learned counsel for the Petitioner,
appeal may take considerable Hme for disposal, in that view, it is
apposite to suspend the sentence of imprisonment imposed against the
Petitioner on the following conditions:-
1. The Petitioner/Accused shall execute personal bond for
Rs.20,000/- (Rumees Twenty Thousand Only) with pwo sureties
like sum each to the satisfaction of the Court of Assistant
Sessions Judge, Markapur.
2. The Petitioner/Accused shail appear before the tial Court on
the first Monday of every month, HH the disposal of present
appeal,
3. The Petitioner/Accused shall appear before this Court when the
matter is listed for final hearing." Sn
A dd Kd. RAJA BABU
ASSISTANT REGISTRAR
ForA SECTION OFFICER
TRUE COPYH
1. The Assistant Sessions Judge, Markaour.
& The Superintendent, District Jai, Nellore
&. One CC to Sx. P Mallikhaduna Rao, Advocate PORPUCT
4. Two CCs fo Public Prosecutor, Nigh
5. One spare copy
MIM
HGH COURT
YUP J
DATED OS/IO/2024
Wis' THE MATTER IN USUAL COURSE
ORDER
iA.No.? OF 2024
iN
GRLA.No.S43 of 2024
ALLOWED
