T.Chittibabu vs State Of Ap
2024 Latest Caselaw 9018 AP

Andhra Pradesh High Court - Amravati

T.Chittibabu vs State Of Ap on 27 September, 2024

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

MAIN CASE No.Crl.A.No.301 of 2019

PROCEEDING SHEET Sl. OFFICE DATE ORDER No. NOTE

3) 27.09.2024 SRK, J & TMR, J

I.A.No.1 of 2024 The present application is filed by the petitioner/appellant/A-2, under Section 389 (1) of Cr.P.C., seeking his release on bail by suspending the sentence of imprisonment imposed by the learned XII Additional Sessions Judge, Guntur district, at Guntur, vide S.C.No.436 of 2016, dated 29.03.2019, pending the present Criminal Appeal before this Court.

Learned counsel for the petitioner/appellant contends that immediately after pronouncement of judgment, the petitioner/appellant/A-2 was taken into custody and he is undergoing imprisonment in Central Prison, Rajahmundry, East Godavari district, for the last more than five (05) years. He 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/A-2 on bail in terms of the order 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).

On the other hand, learned Additional Public Prosecutor, on instructions, states that the case of the petitioner/appellant/A-2 does not fall within the prohibitory categories envisaged in the above referred judgment.

In view of the same, this Court is inclined to enlarge the petitioner/appellant/A-2 on bail by suspending the sentence of imprisonment imposed by the learned Sessions Judge pending the present Criminal Appeal.

The petitioner/appellant/Accused No.2 is directed to be released on bail on his executing a 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 Additional Junior Civil Judge, Mangalagiri, Guntur district.

The petitioner/appellant/Accused No.2 is directed to report before the Station House Officer concerned, once in a month i.e., on 1st day of every month. The petitioner/appellant/Accused No.2 is also directed to appear before this Court whenever the case stands posted for hearing.

Accordingly, with the above directions, this application is allowed.

______ SRK, J

______ TMR, J Nsr