Citation : 2024 Latest Caselaw 8561 AP
Judgement Date : 18 September, 2024
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No.Crl.A.No.871 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE
3. 18.09.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)
I.A.No.1 of 2024
The present application is filed by the
petitioner/appellant/Accused under Section 389 (1) of
Cr.P.C., seeking his release on bail by suspending the
sentence of imprisonment imposed by the learned I
Additional Metropolitan Sessions Judge,
Visakhapatnam, vide S.C.No.154 of 2015, dated
07.03.2019, pending the present Criminal Appeal
before this Court.
2. The learned counsel for the petitioner/
appellant/Accused contends that immediately after
pronouncement of judgment, the petitioner/appellant/
Accused was taken into custody and he is undergoing
imprisonment in Central Prison, Visakhapatnam. He
further contends that the petitioner/appellant/Accused
has already served five (05) years of actual sentence.
The learned counsel for the petitioner/appellant/
Accused 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 him 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 his 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 IV Additional Chief Metropolitan Magistrate
at Visakhapatnam.
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 / TSNR
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