Telangana High Court

CRLP/8411/2019 of Raikanti Ramesh and another Vs The State of Telangana on 30 December 2019

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND NINETEEN :PRESENT: THE HON'BLE JLTSTICE G.SRI DEVI CRIMINAL PETITION NO: 8.lll OF 2019 Betrveen: 1. Raikanti Ramesh, S/o. Venkataiah, 2. Mulkala Bhagath, S/o. Late Laxman, Petitioners/Accused

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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

MONDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND NINETEEN

:PRESENT:THE HON'BLE JLTSTICE G.SRI DEVI

CRIMINAL PETITION NO: 8.lll OF 2019

Betrveen:

1. Raikanti Ramesh, S/o. Venkataiah,

2. Mulkala Bhagath, S/o. Late Laxman,

Petitioners/Accused Nos. 2 & 3

AND

The State ofTelangana, rep. by its Public Prosecutor, High Court for the State ofTelangana atHyderabad.Hyderabad.

Respondent/Complai nant

Petition under Section 389 (2) of Cr.P.C, praying that in the circumstances stated in thepetition and the grounds filed herein. the High Court may be pleased to enlarge the petitioners onbail pending disposal of the Crinrinal Appeal No.266 of 2019 on the file of court of III Addl.Sessions Judge, Karimnagar filed against the Judgrnent dated 28.11.2019 in CC. No.ll88 of2019 on the file ofthe court ofSpecial Judicial Magistrate ofFirst Class (Excise) at Karimnagar; Counsel for thc Petitioners SRI A.PRABHAKAII RAO

Counsel for thc RespondentADDL. PUBLIC PROSECUTOR

The Court nr:rde the follol ing;

.te

HONOURABLE JUSTICE G. SRI DEV

CRIMINAL PETITION No. 8411 of 2019

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ORDER :

Heard tearned CounseI for the petitioners/A2 and A3 andlearned Additional Pubtic Prosecutor appearing for therespondent- State.

As seen from the record, the petitioners were tried forthe offence punishabte under Section 379 of l.P.C. inC.C.No.1188 of 2019 and by its [judgment, ]dated 78.11.7019,the learned Speciat Judiciat Magistrate of First Ctass [(Excise),]Karimnagar, r:onvicted the petitioners/A2 and A3 and sentencedthem to undergo rigorous imprisonment for a period of twoyears each and to pay a fine of Rs.200/- each, in defautt ofpayment cf fine to undergo simpte imprisonment for a period ofs'ix months each. Being aggrieved by the said r:onviction andsentence, the petitioners/A2 and 43 have [preferred]Crt.A.No.266 of 7019, which came up before the lll AdditionalSessions Judge, Karimnagar. Along with the appeat, thepetitioners/A2 and A3 have atso fited Crt.M.P.l'1o.61 of 2019under Section 389 (1) of Cr.P.C., seeking to suspend thesentence of irnprisonment and also sought for bait. The learnedlll AdditionaI Sessions Judge, Karimnagar, vide order, dated11.12.2019, dismissed the said apptication stating therein that"the [petitionerrs ]were atso imposed sentences in :,ix other cases and all the sentences were ordered to run concurrently.Therefore, in view of the fact that there are seven casesagainst the petitioners, in which they were convicted, theCourt is of the considered opinion that it is not proper torelease the petitioners on bai[" and according[y dismissed thesaid apptication.

Learned Counsel for the petitioners woutd submit that thepetitioners were sentenced to undergo rigorous imprisonmentfor two years and Section 389 (1)of Cr.P.C., envisages that ifthe sentence of imprisonment is made upto three years, theperson, who was convicted, is entitled to bail pending disposalof the appeal as a matter of fact, but however, the learned lllAdditionat Sessions Judge, Karimnagar, instead of granting baitto the petitioners, has rejected the apptication onty on theground that they were convicted in six other cases atso. Hefurther submits that the petitioners are in [jaiI ]since 10.06.2019and they have atready been served six months of imprisonment.lf the petitioners are not released they witt suffer irreparabteloss and injury.

Having regard to the fact that the petitionersareIanguishing in jait for the last six months; they have beenconvicted for the offence under Section 379 of l.P.C. andsentenced to undergo rigorous ['imprisonment ]for a [period ]of twoyears onty, the sentence of imprisonment imposed on the J

petitioners in C.C.No.'1 188 of 2019 on the fite of the SpecialJudiciat Magistrate of First Ctass [(Excise), ]Karimnagar, is herebysuspended, [pending ]disposal of Criminal Appeat Nr:.266 of 7019on the fite of the lll Additionat Sessions Judge, Karimnagar, andthe petitioners/A2 and A3 are directed to be reteased on bailon their furnishing [personal ]bond to the tune of Rs.10,000/-Judiciat Magistrate of First Ctass [(Excise), ]Karimnagar, is herebysuspended, [pending ]disposal of Criminal Appeat Nr:.266 of 7019on the fite of the lll Additionat Sessions Judge, Karimnagar, andthe petitioners/A2 and A3 are directed to be reteased on bailon their furnishing [personal ]bond to the tune of Rs.10,000/-(Rupees ten tnousand onty) with two sureties ea:h to the tikeamount, to the satisfaction of the Speciat Judicial Magistrate ofFirst Ctass (Excise), Karimnagar.amount, to the satisfaction of the Speciat Judicial Magistrate ofFirst Ctass (Excise), Karimnagar.

Accordingty, the Criminat Petition is altowed.

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SDi. N. PURUSHOTHAM [REDDY]//rRUEcopy// A$sIsrANr *t",I?Jilo*

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HIGH COt]I{T

GSD.J

DATE: 30-12-2011r

ORDEITCRL.P. NO.84l1 OF 2019

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