Sri Devireddi Naga Raju vs The State Of Andhra Pradesh
2024 Latest Caselaw 8847 AP

Andhra Pradesh High Court - Amravati

Sri Devireddi Naga Raju vs The State Of Andhra Pradesh on 24 September, 2024

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.99 of 2021 PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

4. 24.09.2024 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 under Section 389 (1) of

Cr.P.C., seeking his release on bail by suspending the

sentence of imprisonment imposed by the learned

Special Judge for Trial of offences under SCs and STs

(POA) Act-cum-V Additional Sessions Judge, Nellore,

vide S.C.No.85 of 2017, dated 13.04.2018, pending

the present Criminal Appeal before this Court.

2. The learned counsel for the petitioner/

appellant/Accused contends that immediately after

pronouncement of judgment, the petitioner/appellant/

Accused was taken into custody and he is undergoing

imprisonment in Central Prison, Nellore. 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

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 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. Though notice is served to the defacto

complainant-P.W.1 by the State in terms of Section

15-A of Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989, the defacto

complainant did not choose to enter his appearance

before this Court.

5. 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.

6. 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 Judicial Magistrate of First Class,

Naidupet.

7. The petitioner/appellant/Accused is directed to

report before the Station House Officer concerned,

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

petitioner/appellant/Accused is also directed to appear

before this Court whenever the case stands posted for

hearing.

8. Accordingly, with the above directions, this

application is allowed.

__________________ K.SURESH REDDY,J

_______________________ K. SREENIVASA REDDY,J

SAB / TSNR