Nellore Rama Swamy vs The State Of Ap
2024 Latest Caselaw 8782 AP

Andhra Pradesh High Court - Amravati

Nellore Rama Swamy vs The State Of Ap on 23 September, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.717 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

22. 23.09.2024 KSR,J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.No.4 of 2024

The present application is filed by the

petitioner/appellant/Accused No.5 under Section 389

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

suspending the sentence of imprisonment imposed by

the learned III Additional District & Sessions Judge,

Nellore, vide S.C.No.406 of 2012, dated 29.08.2019,

pending the present Criminal Appeal before this Court.

2. The learned counsel for the petitioner/

appellant/Accused No.5 contends that immediately

after pronouncement of judgment, the

petitioner/appellant/Accused No.5 was taken into

custody and he is undergoing imprisonment in Central

Prison, Nellore. He further contends that the

petitioner/appellant/Accused No.5 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 Judicial Magistrate of First

Class, Nellore.

6. The petitioner/appellant/Accused No.5 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.5 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