The Present Application Is Filed By The vs The State Of Andhra Pradesh
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Andhra Pradesh High Court - Amravati

The Present Application Is Filed By The vs The State Of Andhra Pradesh on 19 September, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.27 of 2021 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

2. 19.09.2024 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 No.1 under Section 389

(1) of Cr.P.C., seeking his release on bail by

suspending the sentence of imprisonment imposed

by the learned II Additional District and Sessions

Judge, West Godavari at Eluru, vide S.C.No.242 of

2017, dated 02.08.2019, pending the present

Criminal Appeal before this Court.

2. The learned counsel for the petitioner/

appellant/Accused No.1 contends that immediately

after pronouncement of judgment, the

petitioner/appellant/ Accused No.1 was taken into

custody and he is undergoing imprisonment in

Central Prison, Rajahmundry. 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

No.1 further contends that as the appeal is of the

year-2021, it takes some more time to come up for

"Final Hearing". As such, he requests this Court to

enlarge the petitioner/appellant/Accused No.1 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 No.1 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 No.1 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 Judicial

Magistrate of First Class, Bhimadole.

6. The petitioner/appellant/Accused No.1 is

directed to report before the Station House Officer

concerned, once in a month i.e., 1st of every month.

The petitioner/appellant/Accused No.1 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