Between vs Savetbri Gchvyri
2024 Latest Caselaw 8494 AP

Citation : 2024 Latest Caselaw 8494 AP
Judgement Date : 17 September, 2024

Andhra Pradesh High Court - Amravati

Between vs Savetbri Gchvyri on 17 September, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SEVENTEENTH Day OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMA] PRATAPA

iA No. 1 OF 3024
IN
CRLRC NO: 893 oF 2024
Between:
Pasuputeti ea * SioNiswanadham, aged about 48 years. Ria. Krishna
Nagar Vilage, Mulagala Manx dal, Na aiganda District.
-.Petitioner(s)
(Petitioner/Appellant/Accused j iInCRLERS 893 oF 2024
on the Mle of High Court)
AND
The State of Andhra Pradesh, Rep. by the Public Prosecular, High Court of
AP at Amaravat.
..Respondent(s}
(Respondent in-do-}

Petition undar Section S87} of Creo 2 New Section 4384} oF
BNSS, 2023 Braying that in the circumstances Stated in the memorandum of
grounds filed in SUDDOor of the petit fon, the High Cour May be pleased to
Suspend the conviction ang senience } imposed by the Court of the Hi Adal:
Chief Metropolitan Magistrate, Vj Myawada, Krishna District in UNO. 537 of

£013 dated Ga.n9. 42019 as confirm led by the Court of AN Addl. Oisirics and
Sessions Judge, Vilayawada, Krishna District in Criminal Appeal No, 334 af

2079, DE 30.08.2024. Pen ding disposal of CRLRC No. 893 of 2024 an the

fe of the High Court,

_



Counsel forthe Petitioner <SRI SUNK ARA RAJENDRA PRASAD
Counsel for the Respondent PUBLIC PROSECUTOR
The Court made the following

ORDER:

This petition fled by the petitioner under Section 397(4) of Cr.P.c. seeking to suspend the sentence of imprisanment, which is imposed in ©.C.NoO.807 of 2073 dated 04.09.2049 on the fle of the Court of if Additional Chief Metropolitan Magistrate, Viayawada, as confirmed in the judgment dated 30.08.2024 In CrLA.No.234 of 2079 by the learned XE Additional District and Sessions Judge, Viayawada and release the

petitioner on ball, pending disposal of the Criminal revision case.

Learned counsel for the petitioner submits that the petitioner is found guilty for the offences under Sections 304-A, 338 of IPC and Under Section (g4{a) & (b) vw 187 of MLV Act, whersin he was sentenced to undergo rigorous imprisonment for a period of one year and to pay fing of Rs.5.000/- for the offence punishable under section 304-4 of IPC and

he is sentenced to underge simple imprisonment for a periad of three

months and to pay a fine of Re.1,000/- for the offence punishable under Section 388 of IPC and he is also sentenced to pay fine of Rs. S00). sach

for the offences punishable under Section 13d{a}) & {b) vw 187 of M.W.Act. in default of payment of fine for the offence under Section 304.

A of LPC, he is sentenced to underge simple imprisonment for a period of one month and for 338 of [PC for a period of 15 days and for Section V34(a} & (b) rhiw 187 of MLV Act for a periad of one week each, vide judgment passed In C.C.No.837 of 2019 dated 64.09.2019 on the fle of

the Court of Hi Additional Chief Metropolitan Magistrate, Vilayawada.

The appeal preferred by the petitioner! accused is dismissed confirming the conviction and sentence passed against the accused, vide judgment in Cri LA.No.234 of 2019, dated 30.08.2024 by the learned XH Additional District and Sessions Judge, Viiayawada.

Heard. Perused the material record.

Learned counsel for the petitioner submits that the petNioner has merits in the revision, accordingly prays fo suspend the sentence passed against the petitioner and the petitioner is a sole breadwinner of

his family

The learned Assistant Public Prosecutor would submit to pass

appropriate orders.

Considering the submissions made and on perusal the material on record, this revision requires Ume for disposal. Hence, this petition is

allowed with the following terms:

The petitioner is directed to surrender before the 1 Additional Chief Metropolitan Magistrate, Vijayawada, and on such surrender the petitioner shall be enlarged on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the fl Additional Chief Metropolitan Magistrate, Vijayawada. -- |

SO. V. SAVETBRI GCHVYRI ASSISTANT REGIS TRAR

TRUE COPY! ECTION oFFic ER Far Ta,

i. The lil Addifional Chief Metropoliian Magistrate, Vijayawada, Krishna _ District Me

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