Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 1449 (AP)

Shahid Alias Mohammad Shahid v. The State of Andhra Pradesh

CRLRC/477/2026 · 2026-05-04

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010231562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 477/2026 Between: 1. SHAHID ALIAS MOHAMMAD SHAHID, S/O. RASHID ABDUL RASHEED,AGE 36 YEARS, R/O. NEAR BILAAL MOSQUE,SABDAIPUR VILIAGE, REHRA POST, AKBARPUR MANDALBIJNOR DISTRIPT, UTTAR PRADESH. 2. SUHEB, S/O. MOHAMMAD SHAMEEM,AGED ABOUT 20 YEARS, R/O. NEAR GOVERNMENT SCHOOLSABDAJPUR VILLAGE, REHRA POST, AKBARPUR MANDALBIJNOR DISTRICT, UTTAR PRADESH. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLICPROSECUTORHIGH COURT OFAP. AMARAVATI,THROUGH THE STATION HOUSE OFFICER,VELDURTHY CIROLE POLICE STATION,VELDURTHY MANDALY KUMOOL DISTRICT. ...RESPONDENT Counsel for the Petitioner(S): 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Revision Case is filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) against the Order dated 15.04.2026 passed in Crl.M.P.No.207 of 2026 in Crl.A.No.24 of 2026 on the file of the Court of Sessions Judge, Kurnool and consequently to 2 enlarge the Petitioners on bail by suspending the sentence imposed against them. 2. Heard Sri Y.Nagireddy, learned counsel assisted by Sri Gajjala Mallikarjuna Reddy, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the Petitioner brought to the notice of this Court that the Petitioners herein were convicted and sentenced to undergo simple imprisonment for two years for the offence punishable under Section 317(2) of BNS in C.C.No.1581 of 2025, dated 10.03.2026 on the file of the Court of Judicial Magistrate of First Class, Dhone. Learned counsel would further submit that, impugning the said judgment, the Petitioners preferred Criminal Appeal No.24 of 2026 before the Sessions Court, Kurnool. It is further submitted that, during pendency of the criminal appeal, the Petitioners filed an application in Crl.M.P.No.207 of 2026 seeking to suspend the sentence of imprisonment imposed against them and the same was dismissed by the learned Appellate Judge. Learned counsel would contend that, if this Court is not inclined to interfere with the said order, a direction may be given to the learned Appellate Judge for speedy disposal of the appeal. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders in this matter. 5. Considering the submissions made and a fair look at the material placed before this Court would disclose that the learned Appellate Judge 3 dismissed the application filed for suspension of the sentence of imprisonment imposed against the Petitioners on the point that the Petitioners are residents of Uttar Pradesh and it will be very difficult for the State to secure their presence. Admittedly, throughout the trial the Petitioners were in jail. 6. In such circumstances, this Court does not see any warranting circumstances to interfere in the impugned order and as such, the criminal revision case is liable to be dismissed. 7. In the result, the Criminal Revision Case is dismissed. However, the learned trial Judge is directed to dispose of the appeal as expeditiously as possible, but not later than 15 days from the date of receipt of copy of this order. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.05.2026 Note: Issue C.C today B/o. Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.R.C.No.477 of 2026 Dt.05.05.2026 Dinesh