Pittala Suresh vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Interlocutory
Before:
Hon'ble B S Bhanumathi
Listed On:
11 May 2023
Original Order Copy
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Order Text
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. Criminal Appeal No.40 of 2022
PROCEEDING SHEET
| Sl.<br>No | Date | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 06. | 11.05.2023 | BSB, J | |
| I.A.No.1 of 2023 | |||
| This<br>application<br>has<br>been<br>filed<br>by<br>the | |||
| petitioner/A4<br>to<br>suspend<br>the<br>sentence<br>imposed | |||
| against him, vide judgment, dated 31.12.2021, in | |||
| S.C.No.78 of 2018 on the file of the Court of I | |||
| Additional<br>Sessions<br>Judge,<br>East<br>Godavari,<br>at | |||
| Rajamahendravaram,<br>and<br>to<br>enlarge<br>the | |||
| petitioner/A4 on bail. | |||
| The appeal is filed aggrieved by the judgment, | |||
| dated 31.12.2021, passed in S.C.No.78 of 2018, | |||
| whereby, the petitioner/A4 was found guilty for the | |||
| offence punishable under Section 8(c) read with | |||
| 20(b)(ii)(c) of the N.D.P.S.Act and sentenced to | |||
| suffer rigorous imprisonment for ten years and to pay | |||
| a fine of Rs.1,00,000/- in default, to suffer simple | |||
| imprisonment for one year. | |||
| Heard the learned counsel for the petitioner/A4 | |||
| and the learned Assistant Public Prosecutor appearing | |||
| for the respondent/State. | |||
| Learned counsel for the petitioner submitted | |||
| that the petitioner has been in judicial custody since | |||
| 10.11.2017 onwards till date, and almost more than | |||
| five years three months of the sentence awarded has | |||
| already been undergone.<br>The petitioner is now | |||
| confined in Central Prison, Rajamahendravaram. It is |
BSB, J Crl.A.No.40 of 2022
further submitted that co-accused has already been enlarged on bail by this Court, vide order, dated 23.02.2023, passed in I.A.No.2 of 2022 in Criminal Appeal No.168 of 2022.
Perused the record.
Admittedly, the petitioner/A4 has been in judicial custody since 10.11.2017. In view of the principles laid down in Mohd. Arif @ Guddu v. State NCT of Delhi {Criminal Appeal No.293 of 2017, dated 19.05.2020}, since the petitioner has undergone the sentence of more than four (4) years, which includes fifteen months pursuant to the conviction, this Court is of the view that the case of the petitioner can be considered for grant of bail. Further, there is no chance of the present appeal being taken up for hearing in the near future.
In view of the above facts and circumstances, the sentence of imprisonment alone is suspended, pending disposal of the criminal appeal, and the petitioner/A4 shall be enlarged on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a likesum to the satisfaction of I Additional Sessions Judge, East Godavari, at Rajamahendravaram.
After release, the petitioner/ A4 shall report before the Station House Officer concerned once in a month, i.e., 1st Sunday of every month, between 10.00 AM and 05.00 PM, till disposal of the present criminal appeal.
RAR
BSB, J Crl.A.No.40 of 2022