IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAvi TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE 1l.;.(Il!;./I,., }' <¥ht+3r •... ...... *._ :i=_=j.i`, .'PRESENT.I THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3044 OF 2025 Between : smt. simhadri Lakshml', w/o. satyanarayana, Aged about 36 years, R/at D.No. No. 49-27-1/6, Palikalavari veedhi, Dondaparty, Visakhapatnam. ...Accused AND 1. The State Of Andhra pradesh, rep. by its publl'c Prosecutor, the High Court of Andhra Pradesh, Amaravati. . 2. Tetala Srinivasa Reddy, S/o of late somireddy, Hindu, aged 47 years, residI'ng at D.No. 49-27-1/6J SRC Residency, FIat No. 203, Madhura Nagar, Visakhapatnam. ...Respondents petition under section 483 of BNSS, is filed praying that in the cI'rCumStanCeS Stated I'n the memorandum of grounds fI'led in support of the crjminalpetjtion, the High Court may be pleased to enlarge her on ba" in calendar case No. 2480 of 2023 offences punishable u/s. 138 r/w 142 of Negotiable Instrument Act on the file of the vI Special Magistrate court, Visakhapatnam, in the l®nterests ofjustI'Ce. *=3-I_ rzzr,zr<rf I The petition coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of slMHACHALAM KARUKOLA Advocate for the Petitioner and Of PUBLIC PROSECUTOR for the Respondent No.1. The Court made the fOIIow'Ing|. ORDER: This Criminal Petition, under Section 483 of BNSS, is filed on behalf of the petitioner herein/Accused to enlarge her On bail in Calendar Case No. 2480 of 2023 for the offences Punishable under Section 138 r/w 142 of Negotiable Instruments Act on the file of VI Special Magistrate Court, Visakhapatnam. 2. Heard Sri Simhachalam Karukola, learned counsel for the Petitioner and sri Neelothpal Ganji, learned Assistant Public Prosecutor representing the resJpondentrstate. 3. Learned counsel for the Petitioner WOuld submit that the petitioner is a woman. she was convicted for the offence punishable under Section 138 r/w 142 of Negotiable Instruments Act., in Calendar Case No. 248O of 2023 dated 30.01.2025. Wherein she was sentenced tO undergo Simple imprisonment for a period of six (o6) months and pay a fine Of Rs. 5,00,000/- (Rupees Five Lakhs only) towards fine out of which Rs.4,80,000/- (Rupees Four lakhs and Eighty Thousand only) to be paid tO the COmPIainant towards compensation and remaining fine amount of Rs.20,000/- is to be remitted to Government within two months from the date of that judgment. ln default of payment of fine and compensation, she shall undergo simple imprisonment for a period of six weeks. Learned counsel for the Petitioner WOuld Submit that the Sentence Of imprisonment passed aga'lnst the petitioner was suspended till 28.02.2025 i----L \ (+\\ and with a delay of two days, the petitioner preferred an appeal before the District Court, Visakhapatnam. The said appeal is pending for registration since it is filed with a delay of two (2) days. N'otice was ordered to the respondent/complainant in the said appeal. Learned counsel would further submit that meanwhile, the petitioner approached the Trial Court and filed a petition seeking extension of the time granted for seeking suspension of sentence before the Appella{e Court. Learned counsel would further submit that the learned Trial Judge did not even entertain the said petition and it is not numbered. Learned counsel would further submit that after expiry of the Period Of 30 days by 28.02.2025, learned Trial Judge issued Non-Bailable Warrant. On execution of such warrant, the petitioner was produced before the Trial Court and she was sent to jail to serve the sentence on o7.03.2025. Learned counsel would further submit. that the petitioner good grounds to succeed in the appeal. She has been in jail for the last 10 days. Learned counsel would submit that the petitioner is ready to furnish the sureties to the satisfaction of the court. Till the pet.itioner approach the Appellate court, seeking suspension of sentence, bail may be granted to her. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. Considering the submissions made, since the petitioner has approached the Appellate Court with a delay of two (2) days in filing the appeal, the appeal is not yet numbered. ln delay petition, notice has to be served to the respondent/complainant. ln that view, as the delay petition is _-_J~ iiE pending before the Appellate Court, it appears they have not entertained the petition for suspending the sentence of imprisonment passed against him. Considering all these facts land circumstances, aS the Petitioner iS a woman and she is in jail since 07.03.2025, it is apposite to allow the petition with the following directions: i. The petitioner shall be enlarged on bail On her executing a Personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two local sureties for the like sum each to the satisfaction Of the Trial Court. ii. The petitioner has to seek Suspension Of Sentence Passed against her before the Appellate Court. iii. Learned AppeIIate Judge is directed to see that notice to be served on the complainant and appeal to be numbe,red and consider the application which is filed for suspension of sentence and may take appropriate decision according to law on its own merits, This Court makes it clear that this bail is granted to the petitioner only as an interim measure till she get suspension before the Appellate Court. 6. Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications pending, if any, shall stand closed. SD/-sK MD ASSJSTAN //TRUE COPY// Tot 1. The VI Special Mag'lstrate Court, Visakhapatnam. 2. The Superintendent, Central Prison, VisakhaPatnam. RAFI ;/STRAR OFFICER 3. Tetala Srinivasa Reddy, S/o of late Somireddy, Hindu, aged 47 years, residing at D.No. 49-27-1/6, SRC ResidenCy, Flat No. 203, Madhura Nagar, Visakhapatnam (by RPAD) 4. One CC to Sri. SIMHACHALAM KARUKOLA, Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra , Pradesh [OUT] 6. One spare copy JSS Note:I Typographical error occured in not typing the name Of the Honourable Justice in the preamble portion of the order dated 18/03/2025 is rectified. Substitute this amended order in the place of earlier order which was dispatched on 19/03/2025 . Sd/-SK MD RAFI ASSISTANT REGISTRAR Pr HIGH COURT DR. VJP, J DATED: 18/03/2025 19/03/2025 BAIL ORDER (AMENDED) CRLP.No.3044 of 2025 ALLOWED o 3 APE 2RE5\