APHC010121742009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 908/2009 Between: 1. SAGALA SUBRAMANYAM,, S/O. SESHAIAH, C,T.NO. 5107 , CENTRAL PRISON, RAJAHMUNDRY ...APELLANT AND 1. THE STATE OF A P REP BY PP, rep by Pubilc Prosecutor, High Court of A.P., Hyderabad. ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to setaside the Judgment dated 01.04.2009 on the file of the I Addl. Sessions Judge, Guntur in Sc.No. 59/2007 IA NO: 1 OF 2009(CRLAMP 1979 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 78 days in filing the instant appeal IA NO: 2 OF 2009(CRLAMP 1984 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence passed on dt. 01- 04-2009 of I Addl. Sessions Judge, Guntur in SC.No. 59 of 2007 and release the petitioner on bail in the interest of justice. 2 Counsel for the Apellant: 1. PENJURI VENUGOPAL 2. LEGAL AID Counsel for the Respodent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.908 of 2009 JUDGMENT: Sri P. Venugopal, learned Legal Aid Counsel representing the appellant, would submit that he has given up his vakalat and returned the case files to the High Court Legal Services Committee. 02. The learned Additional Public Prosecutor representing the respondent-State would submit that the sole appellant is no more and that he died pending the appeal on 12.10.2016. To that effect, a memo has been filed by the prosecution along with the report of the Inspector of Police, Proddatur II Town Police Station, and a copy of the death certificate of the appellant. None of the legal representatives of the deceased-appellant have come forward seeking leave to continue the appeal as contemplated under Section 394 of the Code of Criminal Procedure. Therefore, the appeal stands abated as against the appellant under Section 394 of the Code of Criminal Procedure. 03. In view of the submissions made by the learned Additional Public Prosecutor, the Criminal Appeal is liable to be dismissed as abated. 04. Accordingly, the Criminal Appeal is dismissed as abated. 4 As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 28th January, 2026 cbn 5 63 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 908 OF 2009 28th January, 2026 cbn