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2025 DAILYLAW 2282 (AP)

KOTHAPALLI VEERAMANI v. THE STATE OF ANDHRA PRADESH

CRLP/13/2025 · 2025-01-09

K Sreenivasa Reddy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF ANDHRA PRADESH, AMARAVATI MAIN CASE No.CRL.A.No.13 OF 2025 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 06. 18.02.2025 Dr.VJP, J I.A.No.1 of 2025 The instant petition under Section 389(1) Cr.P.C read with Sec. 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners/Accused Nos.2 and 3 seeking to release them on bail by suspending the sentence imposed against them, pending disposal of the criminal appeal. The Petitioners/Accused Nos.2 and 3 were convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay fine of Rs.1,00,000/- each IDSI for six months each for the offence under Section 20 (b) (ii) (C) read with 8(c) of NDPS Act in NSC No.231 of 2018 on the file of the Court of Special Judge to try the offences under NDPS Act-cum-I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Visakhapatnam, dated 04.12.2024. Heard Sri D.Purnachandra Reddy, learned counsel for the Petitioners and Ms.K.Priayanka Lakshmi, learned Assistant Public Prosecutor for State. Learned counsel for the Petitioners / Accused Nos.2 and 3 would submit that the case was registered against the Petitioners as they were travelling in a car along with Accused No.1, who is the husband of Accused No.2 herein. Learned counsel would further submit that the Petitioners herein are women and they have been in Jail along with their children and that the appeal may take considerable time for disaposal. Learned counsel would submit that SL. NO. DATE ORDER OFFICE NOTE the Petitioners have no criminal antecedents and that they have good grounds to succeed in the appeal. Learned Assistant Public Prosecutor, fairly conceded that the Petitioners have no criminal antecedents and Court may pass appropriate orders. Having regard to the submission that the Petitioners are women and they have been languishing in jail along with their children and considering the same as a special circumstance, and as the Petitioners preferred appeal challenging the validity and correctness of the impugned judgment and the hearing of the appeal may take considerable time, this Court is of the considered view to suspend the sentence of imprisonment imposed against the Petitioners / Accused Nos.2 and 3 on the following terms. Accordingly, the petition is allowed and the Petitioners / Accused Nos.2 and 3 shall be released on bail on their executing personal bond for Rs.20,000/- (Rupees Twenty thousands only) each with two sureties for the like sum each to the satisfaction of the learned Special Judge to try the offences under NDPS Act-cum-I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Visakhapatnam. Petitioners shall appear before this Court when the matter is posted for final hearing. _________ Dr.VJP, J Crl.A.No.13 of 2025 List the matter in regular course. _________ Dr.VJP, J Dinesh