NELLI APPALRAJU Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2022-1-56
HIGH COURT OF ANDHRA PRADESH
Decided on January 20,2022

Nelli Appalraju Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

ONGC FIELD OPERATORS UNION VS. ONGC LTD. [REFERRED TO]


JUDGEMENT

- (1.) I.A.No.1 of 2022 The petitioner, who is sole accused in Cr.No.96/2014 of Gajuwaka Police Station filed the present application under Sec. 389(1) of the Code of Criminal Procedure,1973 (Cr.P.C.), seeking bail, pending disposal of the Criminal Appeal. The petitioner/accused was tried in Sessions Case No.83 of 2014 on the file of the learned Sessions Judge, Mahila Court, Visakhapatnam, for the offences punishable under Ss. 302 and 498-A of Indian Penal Code, 1860 (I.P.C.). Vide judgment, dtd. 10/9/2015, the learned Sessions Judge convicted the accused for the offences punishable under Ss. 302 and 498-A I.P.C. and accordingly, sentenced him to suffer Simple Imprisonment for life and to pay a fine of Rs.2,500.00, in default of payment of fine, to suffer Simple Imprisonment for six months for the offence punishable under Sec. 302 I.P.C. Further, he was sentenced to suffer Rigorous Imprisonment for a period of three years and to pay a fine of Rs.1,000.00, in default of payment of fine, to suffer Simple Imprisonment for three months. The only ground on which the present application seeking bail came to be filed is that the petitioner has completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao and others v. State of A.P., 2016 (3) ALT (Crl.) 505 (DB) (A.P). he would be entitled for bail. The fact that the petitioner has completed 5 years of actual sentence after his conviction is not in dispute. The Division Bench of this Court in Batchu Rangarao and others supra, held as under: "On considering their valuable suggestions and after a thorough evaluation of the relevant factors, we are inclined to indicate broad criteria on which the applications for grant of bail pending the Criminal Appeals filed against the conviction for the offences, including the one under Sec. -302 IPC, and sentencing of the appellants to life among other allied sentences, are to be considered. Accordingly, we evolve the following criteria: (1) A person who is convicted for life and whose appeal is pending before this Court is entitled to apply for bail after he has undergone a minimum of five years imprisonment following his conviction; (2) Grant of bail in favour of persons falling in (1) supra shall be subject to his good conduct in the jail, as reported by the respective Jail Superintendents; (3) In the following categories of cases, the convicts will not be entitled to be released on bail, despite their satisfying the criteria in (1) and (2) supra: The offences relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom, killing of the public servants, the offences falling under the National Security Act and the offences pertaining to narcotic drugs. (4) While granting bail, the two following conditions apart from usual conditions have to be imposed, viz., (1) the appellants on bail must be present before the Court at the time of hearing of the Criminal Appeals; and (2) they must report in the respective Police Stations once in a month during the bail period. This broad criteria cannot be understood as invariable principles and the Bench hearing the bail applications may exercise its discretion either for granting or rejecting the bail based on the facts of each case. Needless to observe that grant of bail based on these principles shall, however, be subject to the provisions of Sec. - 389 of the Code of Criminal Procedure." Learned Public Prosecutor states that the case of the petitioner does not fall within any of the exceptions laid down in the said judgment and the conduct of the petitioner in the jail is satisfactory. It is not a case where the petitioner is alleged to have committed offences relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom etc. Since the case of the petitioner falls within the parameters laid down in the above said judgment and as the judgment of the Division Bench attained finality, the petitioner shall be released on bail on certain terms and conditions. Accordingly, the Interlocutory Application is allowed and the petitioner/accused shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000.00 (Rupees Twenty five thousand only) each with two local sureties for a like sum each to the satisfaction of the learned III Additional Chief Metropolitan Magistrate, Gajuwaka and subject to payment of fine. However, the petitioner/accused shall report before the concerned Police Station once in a month between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and he shall be present before the Court at the time of hearing of this appeal. It is needless to mention that if the petitioner failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly. ;


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