Citation : 2024 Latest Caselaw 8570 AP
Judgement Date : 18 September, 2024
HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI
Crl.R.C.No.843 of 2024
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
1.
18.09.2024 VJP, J
I.A.No.1 of 2024
Heard learned counsel for the petitioner.
Considering the submissions made, the petition is allowed dispensing with the filing of certified copy at present.
I.A.No.2 of 2024
This petition filed by the petitioner/A.2 under Section 397(1) of Cr.P.C. seeking to suspend the sentence of imprisonment, which is imposed in C.C.No.963 of 2022 dated 14.10.2022 on the file of the Court of Judicial Magistrate of I Class-cum-Junior Civil Judge, Alamuru, East Godavari District, as confirmed in the judgment dated 08.08.2024 in Crl.A.No.326 of 2022 by the learned Special Judge for Trial of cases under SC and STs (POA) Act-cum-X Additional District and Sessions Judge, Rajamahendravaram, East Godavari District, pending disposal of the Criminal revision case.
Learned counsel for the petitioner/A.2 submits that the petitioner is found guilty for the
SL. DATE ORDER OFFICE NO. NOTE offence under Section 411 of IPC, wherein he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/- vide judgment passed in C.C.No.963 of 2022 dated 14.10.2022 on the file of the Court of Judicial Magistrate of I Class-cum-Junior Civil Judge, Alamuru, East Godavari District.
The appeal preferred by the petitioner/ A.2 is dismissed confirming the conviction and sentence passed against him, vide judgment in Crl.A.No.326 of 2022 by the learned Special Judge for Trial of cases under SC and STs (POA) Act-cum-X Additional District and Sessions Judge, Rajamahendravaram, East Godavari District.
Heard. Perused the material record.
Learned counsel for the petitioner submits that the petitioner has merits in the revision, accordingly prays to suspend the sentence passed against him 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
SL. DATE ORDER OFFICE NO. NOTE requires time for disposal. Hence, this petition is allowed with the following terms:
The petitioner is directed to surrender before the Judicial Magistrate of I Class-cum- Junior Civil Judge, Alamuru, East Godavari District, and on such surrender the petitioner shall be enlarged on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of I Class-cum-Junior Civil Judge, Alamuru, East Godavari District.
______ VJP, J
Heard.
Admit.
Post the matter after four (04) weeks.
______ VJP, J PGR
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