N.Suvarna vs. State Of Ap
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Order Issued After Hearing
Purpose:
Interlocutory
Before:
Hon'ble K Suresh Reddy , V.Sujatha
Listed On:
24 Apr 2025
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA
Between :
Nalligari Suvarna, W/o. Late Kambaiah, Aged 34 yrs, R/o.Chakarajuvemula village, Dornipadu Mandal, Kurnool District.
...AppeIIant/Accused No.1 (Petitioner in CRLA 96 OF 2019 on the fI-le Of High Court)
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. at Amaravathi.
...Respondent
I 3528
(Respondents in-do-)
Counsel for the Petitioner .- Sri D PURNACHANDRA REDDY Counsel for the Respondent :PUBLIC PROSECUTOR (AP)
Revision filed under sectI'On 430(1) of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Revision Case, the High Court may be pleased to suspend the execution of sentence passed against the appellant/accused No.1 viz., NalligarI' Suvarna in s.c.No.386 of 2016 on the file of the v Addl. DistrI'Ct & Sessions Judge, AIlagadda dt. 29.ll.2018 and release the appellant on bail, Pending disposal of CRLA No. 96 of 2019, on the file of the HI'gh Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the
following order.(The receipt of this order will be deemed to be the receipt of 'hotice in the case).
ORDER
EfThe present application is filed by the petitioner/appeI[ant/A.1 under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking her release on bail by suspending the sentence of imprl-sonment imposed by the learned V Additional District and Sessions Judge, AIIagadda, vide S.C.No.386 of 2016, dated 29.ll.2018, pending the present Criminal Appeal before this Court|
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The learned counsel for the petitioner/ appellant/A.1 contends that immediately after pronouncement of judgment, the petitioner/ appeI[ant/A.1 was taken into Custody and the petitioner/appe[Iant/A.1 is undergoing imprisonment in Central Prison, Nellore. He further contends that the petitioner/appellant/A.1 has undergone six (06) years, five (05) months and seven (07) days of actual sentence. The lea'rned counsel for the petitioner/appe[[ant/A.1 further contends that as the ap.peal is of the year-2019, it takes more time to come up for f{FinaI Hearing". As such, he requests this Court to enlarge the petitioner/appellant/A.1 on bail in terms of the order, dated 02.ll.2016, passed by the Combined High court in Batchu Rangarao and others Vs The State of Andhra Pradesh(Cr[.A.M.P|No.1687 of 2016 in Cr]lAINol607 of 2011)I
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On the other hancl, the learned Additional Public Prosecutor, on instruction.s, states that the case of the petitioner/appeIIant/A.1 does not fall within the prohibitory categories as envisaged in the above referred order.
4| In view of the same, this Court is inclined '1:o enlarge her on bail by suspending the sentence of imprisonment imposed by the learned Sessions Judge pending the present Criminal Appeal.
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The petitioner/appellant/A.1 is directed to be released on bail on her 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 Judicial Magistrate of First class,-Koilakuntla.
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The petitioner/appellant/A.1 is directed to report before the Station House Officer concerned, once in a month i.e., 1St of every month| The petitioner/appel[ant/All is also directed to a'ppear before this Court whenever the case stands posted for hearing.
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Accordingly, with the above directions, this application is allowed."
i \ ScI/-K. J. RAJA BABU
SECTION OFFICER
/.
ASS!STANTasTRAP.
//TRUE COPY//
To)
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The Judicial Magistrate of First class, Koilakuntla. `~
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The VAddI. District & Sessions Judge, Allagadda. ;
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The SHO., Koilakuntla Circle P.S., NandyaI District. #
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The Superintendent, Central Prison, Nellore. i;
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One CC to SRI. D PURNACHANDRA REDDYAdvocate [OPUC]
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Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC]
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Two spare copies.
psk
HIGH COURT
$\epsilon_{\rm s}$
KSR,J & $VS, J$
$\cdots$
DATED: 24/04/2025
ORDER
IA No. 1 OF 2025 $\mathsf{IN}$ CRLA.No.96 of 2019
DIRECTION