Andhra Pradesh High Court - Amravati
Anakapalli Yerni Babu vs The State Of Andhra Pradesh on 23 September, 2024
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAI
MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER,
TWO THOUSANDAND TWENTY FOUR ts7
: PRESENT: J~~~
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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
IA No. 1 OF 2024~r
IN tfr
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CRLA NO: 597 OF 2024
Betwee n :
Anakapalli Yernl'ifabu, Late Ramu, Aged about 37 years, R/o Thandrangi
Vl-llage, Jami MandaI, Vizianagaram DI'StriCt. Presently residing at pundi
Govindapuram Village, VaJ'raPukOtturu Mandal `riJ
`. ,
...Petitioner/AppeIIant
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of
Andhra Pradesh at Amaravati. /
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...Respondent/Respondent
Counsel for the Petitioner : Sri TADDI NAGESWARA RAO ~
Counsel forthe Respondent : PUBLIC PROSECUTOR ve,
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Petition under Section 389 (1) of Cr.P.C (Section 430(1) of BNSS)
Praying that in the circumstances stated in the grounds filed in support of the
appeal, the High Court may be pleased to enlarge the petitioner on bail by
suspending the judgment of the Special Judge for Trial of Cases under SCs &,
-
STs (POA) Act GUM - IV Additiona_i District and Sessions Judge, Srikakulam
'RE_
Passed in SessI'OnS Case No.13 of 2019 dated ll.09.2024, pending disposal
of CRLA No.597 of 2024, on the file of the High Court.
ORDER:
[[This lnterlocutory Application has been filed by
petitioner/Appellant/Accused under Sections 389(1) of the Code Of
criminal procedure,1973 (for short lthe code') seeking suspension Of
sentence of imprisonment imposed against him in sessions case No.13
of 2019, on the file of Special Judge for Trial of Cases under SCs & STs
(POA) Act-Gum-lV Additional District & Sessions Judge, Srikakulam,
wherein the petitioner was convicted and sentenced to undergo simple
_./
imprisonment of two years and to pay fine of Rs.ll,000/_ for the Offence
punishable u/see.324 lPC r/w See.3(2)(va) of SC ST (POA) Amended Act, ibf~
Heard Sri Taddi Nageswara Rao, learned COunSel for
petitioner/appellant and learned Additional Public Prosecutor for
respondent/ State.
Learned counsel for the Petitioner/ Accused would Submit that the
petitioner has good grounds to succeed in the appeal. The petitioner has
paid the fine amount. The petitioner was on bail throughout the trial and
no untoward incident happened during that period. Learned COunSel
further would submit that the sentence of imprisonment was suspended
by the Trial Court and the disposal of the present appeal may take
considerable time. Learned counsel prays for suspension Of Sentence
of imprisonment imposed against the petitioner.uf
Learned Assistant Public Prosecutor submits that the Court may
pass appropriate orders. if/
considering the submissions made and a fair look at the material
placed on record that the petitioner was on bail throughout the trial and
no untoward incident happened during that period, part from that the
petitioner preferred appeal challenging the Validity and correctness Of
the -Impugned judgment, the petition is allowed. The sentence Of
imprisonment passed against the petitioner/appellant in Sessions Case
No-13 of 2019, is hereby suspended pending disposal Of the appeal, on
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the same terms and conditions as imposed by the Trial Court|
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Accordingly, the lnterlocutory Application iS allowed. "
_ _\
SD/-M.PRABHAKARA RAG
ASSISTA#zngGISTRAR
//TRUE COPY//
SECTION OFFICER
For
Tol
1. The Special Judge for Trial of Cases under^}Cs & STs (POA) Act-Gum-
lv Additional District & SessionhasJudge, srikakulam
2.- One CC to SRl. TADDI NAGESWARA RAO Advocate [OPUC]
./.
3. Two cos to Public Prosecutor, High Court of Andhra Pradesh [OUT]
4. One spare copy
_\
\
HIGH COURT
VJP,J
DATED : 23/O9/2024
LIST THE MATTER IN USUAL COURSE
ORDER
lANo.1 OF2024
lN
CRLA NO: 597 OF 2024 -
SUSPENSION ll SET \\E&l
