IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE TWENTY EIGHTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

IA No. 2 OF 2021 IN CRLA NO: 312 OF 2021

Between:

Pangi Rambabu, s/o. Beknal, 23 Years, R/Gujru Singh village, Chinapalli mandal, Visakhapatnam, Now lodged in central prison Rajamahaendravaram, East Godavari Dt. with CT No. 6277

...Appellant/Accused (Petitioner in CRLA 312 OF 2021) on the file of High Court)

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AND

State rep by Sub Inspector of Police, Government Railway Police Station, Vijayawada through Public Prosecutor High Court of Andhra Pradesh at Amaravathi ...Respondent (Respondent in-do-)

Petition under Section 389 (1) of Cr.PC., praying that in the circumstances stated in the memo of grounds filed in Crl.A., the High Court may be pleased to enlarge the petitioner on bail by suspending the judgment dt. 12.12.2017 passed by the Spl.Judge for Trial of NDPS Act, Cases-cum-Metropolitan Sessions Judge, Vijayawada in S.C. No. 21/2017, pending disposal of CRLA No. 312 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and memo of grounds filed in Crl.A., and upon hearing the arguments of Sri B Paramesewara Rao Advocate for the Appellant, and of Public Prosecutor for Respondent, the Court made the following

ORDER:

This petition is filed seeking suspension of sentence imposed in judgment dated 12.12.2017 passed in S.C.No.21 of 2017 on the file of learned Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada and to enlarge petitioner/appellant on bail, pending disposal of the criminal appeal.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-state.

Learned counsel for the petitioner submits that petitioner has good grounds to succeed the appeal and as he has been languishing in jail more than 03 years, his case may be considered for grant of bail.

Learned Assistant Public Prosecutor opposed the petition.

Taking into consideration the fact that the petitioner/accused has been languishing in jail more than 03 years, the sentence of imprisonment imposed against the petitioner/accused in judgment, dated 12.12.2017 passed in S.C.No.21 of 2017 on the file of the Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada, alone is suspended pending the criminal appeal.

The petitioner/accused shall be enlarged on bail on execution of self bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a likesum each to the satisfaction of learned Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions Judge, Vijawayada.

//TRUE COPY//

To,

1. The Special Judge for trial of NDPS Act cases-cum-Metropolitan Sessions-Judge, Vijawayada, Krishna District

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Sd/-M.RameshBabu

SECTION OFFICER

ASSISTANT REGISTRAR

• The Superintendent, Central Prison, Rajamahendravaram, East Godavari $2.$ District
• 3. The Sub Inspector of Police, Government Railway Police Station, Vijayawada, Krishna District
• 4. Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT)
• 5. One CC to Sri. B Paramesewara Rao Advocate [OPUC]
• 6. One spare copy

Skm

HIGH COURT

$\boldsymbol{\text{LK, J}}$

DATED:28/10/2021

ORDER

$\cdot \cdot$

IA. No. 2 of 2021 $\mathbf{I}\mathbf{N}$ CRLA.No.312 of 2021

DIRECTION