Avula Venu vs The State Of Andhra Pradesh
2024 Latest Caselaw 8565 AP

Andhra Pradesh High Court - Amravati

Avula Venu vs The State Of Andhra Pradesh on 18 September, 2024

                        HIGH COURT OF ANDHRA PRADESH
                   MAIN CASE No: Crl.R.C.No.811 of 2024
                              PROCEEDING SHEET

SL.     DATE                              ORDER                           OFFICE
NO.                                                                        NOTE
02.   18.09.2024   VJP, J
                                    I.A.No.1 of 2024
                          Dispensed with for the present.
                                                              ______
                                                              VJP, J
                                    I.A.No.2 of 2024
                          Heard     the   learned   counsel   for   the
                   Petitioner.
                          Considering the reasons mentioned in the
                   affidavit, in the interest of justice, petition is
                   allowed.
                                                              ______
                                                              VJP, J
                                    I.A.No.3 of 2024
                          The instant petition under Section 397(1)
                   of the Code of Criminal Procedure, has been
                   filed by the Petitioner/Accused, to enlarge the
                   Petitioner on bail by suspending the execution
                   of    sentence   of    imprisonment   imposed     in
                   Crl.A.No.15 of 2022 dated 26.04.2024 on the
                   file of VII Additional Sessions Judge, Gudur,
                   S.P.S.R.Nellore District, by confirming the
                   judgment passed in C.C.No.145 of 2018 dated
                   07.04.2022 on the file of the Judicial Magistrate
                   of First Class, Naidupet, wherein the Petitioner
                   was convicted and sentenced to undergo
                   rigorous imprisonment for a period of one year
                   for the offences punishable under Section 354- Cont..
 SL.   DATE                          ORDER                                  OFFICE
NO.                                                                         NOTE
             A(1) I.P.C. and to pay fine of Rs.5000/- and
             further      sentenced       to     undergo          simple
             imprisonment for a period of one year for the
             offence punishable under Section 324 I.P.C.
             and to pay fine of Rs.5000/-.
                     2. Heard Sri Amancharla Satish Babu,
             learned counsel for the Petitioner and Ms.
             K.Priyanka Lakshmi, learned Assistant Public
             Prosecutor for the State/Respondent.

3. Learned counsel for the Petitioner/ Accused would submit that that they have good grounds to succeed in this case. Revision may take considerable time for disposal. Learned

counsel prays to suspend the sentence of

imprisonment imposed agaisnt the Petitioner.

4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

5. Considering the submissions made and having regard to the facts and circumstances, since this Revision may take

considerable time for disposal and to give a fair

opportunity to prosecute the case, in the

interest of justice, the petition is allowed, suspending the sentence of imprisonment passed against the Petitioner, pending disposal

of the Revision, on the following conditions:

 SL.   DATE                            ORDER                         OFFICE
NO.                                                                  NOTE

i) Petitioner shall execute a personal bond of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Naidupet.

ii) Petitioner shall attend before this Court when the matter is listed for final hearing.

______ VJP, J

Admit.

List the matter in regular course.

______ VJP, J

Note: Issue CC today B/o PND