Andhra Pradesh High Court - Amravati
Sri Alapati Lalith Nikhel vs Public Prosecutor on 17 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
TUESDAY, THE SEVENTEENTH DAY OF SEPTEMB
TWO THOUSAND AND TWENTY FOUR
SPRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA.
IA No. 1 OF 2024
iN
CRLRCG NO: 891 OF 2034
Between:
Rutharia Krishna Reddy, S/o Chalamareddy, aged about 42 years, Rio NSP
Colany, Vengalayapalem, Kurichedu Mandal, Prakasam District
. | . Accused /Petitigner
(Patitioner in CRLRG 891 OF s024
on the fle of High Courd
. AND
1. The state of Andhra Pradesh, represented by its Public Prosecutor,
High Court Buildings, Amaravathi, Guntur district
2. The Station House Officer, Kavall Rural Police Stalion
»Complainant/Respondent
(Respondents in-do-}
Counsel for the Petitioner : Sri ALAPATI LALITH NIKHEL
Counsel for the Respondent No: PUBLIC PROSECUTOR
Patilion under Section 397 (7) CrP. praying that in the circumstances
Stafed in the grounds fled in Support of the petition, the High Court may be
pleased fo enlarge the peltioner on ball by suspending the operation of the
' conviction and sentence dated 29-08-2024 In CRLANo44 OF 2019, ori the
file of the court of the Special Judge for Trial of Offences against Women -
cum- Vil Additional District and Sessions Judge, Nellore, Nellore District, AP.
in canfirming the conviction judgment in C.C.No. 48 OF 2014 DE 22-01-2019
an the fie of the court of the Additional Judicial Magistrate of the First Class,
avall, Nellore District, Andhra Pradesh pending disposal of CRLRC No 884
of 2024, on the file of the High Court
The coun while directing issue of nolice fo the Respondents herein fo
show cause as fo why this application should not be complied with, made the
folowing order(The receint of this order will be deerned to be the receint of
'notice in the case).
ORDER:
"This petition fled by the petitioner under Section 397(1} of Cr.P.c,
seeking fo suspend the sentence of imprisonment, which is imposed in
C.G.No.48 of 2044 dated 22.04.2019 on the file of the Court of Additional
Judicial Magistrate of First Class, Kavall, as confirmed in the judgment _
dated 28.08. 2024 in Cri. A.No44 of 2079 by the learned Special Judge for
trial of offences against Women-cum-Vil Additional ODlstrict and
Sessions Judge, Nellore and release the petitioner on bail, pending
disposal of the Criminal revision case.
Learned counsel for the petitioner submits that the petitioner is
found guilty for the offences under Sections 304-4, 337 of [PC and Under
Section 186 of MV.Act, wherein ne was sentenced to suffer simple
imprisonment for a period of one year for the offence under Section 304-
A of IPC and further accused is sentenced to suffer simple imprisonment
for a period of ane month for the offence under Section 337 of IPC and
the petitioner is further sentenced to pay a fine of Rs.1,000/- for the
offence under Section 196 of MLUV.Actl-, vide judgment passed In
©.0.No.48 of 2014 dated 22.01.2019 on the file of the Court of Additional
Judicial Magistrate of First Class, Kavall,
The appeal preferred by the petitioner! accused is dismissed
confirming the conviction and senience passed against the accused,
vide judgment in CrLA.No44 of 2019 by the learned Special Judge for
trial of offences against Women-cum-Vill Additional District and
Sessions Judge, Nellore.
Heard. Perused the material record.
Learned counsel for the petitioner submits that the petitioner has
merits in the revision, accordingly prays to suspend the senience
passed against the petitioner and the petitioner is a sole breadwinner of
his family. The learned counsel for the petitioner further submits that
since from the date of Judgment, the petitioner is in Jail.
The learned Assistant Public Prosecutor would submit fo pass
appropriate arders,
Considering the submissions made and on perusal the material on
record, this revision requires time for disposal. Hence, this petition is
allowed with the following terms:
The petitioner shall be enlarged on bail on his executing 4
personal bond for Rs.20,000/- (Rupees twenty thousand only) with fwo
sureties for a like sum each to the satisfaction of the Additional Judicial
Magistrate of First Class, Kavall."
SD. VSAVITHRI GOWR!
ASSISTANT REGISTRAR
PRUE COPY/ Aes
For ASSISTANT REGISTRAR
Ta,
7. The Addiional Judicial Magistrate of First Class, Kavall, Nellore District
ad
The special Judge for tral of offences against Womer-cum-Vii
Additional District and Sessions Judge, Nellore
The Station House Officer, Ravali Rural Police Station{ By RPAD}
One CC fo SRL ALAPATI LALITH NIKHIL Advocate [OPUC)
Two OCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
O
One spare copy
HIGH COURT
VJP J
DATED: 17/00/2024
POST THE MATTER AFTER Four (O04) WEEKS
ORDER
iA No. 1 OF 2024
IN
CRURG NO: 897 OF 2024
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