Telangana High Court
CRLP/8415/2019 of Raikanti Ramesh, Vs The State of Telangana on 30 December 2019
COURT FOR THE STATE OF TELANGANA AT HYDERABAD IUIONO.AY, THE THIRTIETH O.EY OT DECEMBER. TWO THOUSAND AND NINETEEN. :PRESENT: THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 8.115 OF Z0l9 . Petitioners/Accused Nos. 2 & 3 ANT) The State ofTelangana, rep. by its Public Prosecutor, High
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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
IUIONO.AY, THE THIRTIETH O.EY OT DECEMBER.TWO THOUSAND AND NINETEEN.
:PRESENT:THE HON'BLE JUSTICE G.SRI DEVI
CRIMINAL PETITION NO: 8.115 OF Z0l9 [.]
Between:l. Raikanti Ramesh, S/o. Venkataiah, -
2. Mulkala Bhagath, S/o. Late Laxman,
Petitioners/Accused Nos. 2 & 3
ANT)
The State ofTelangana, rep. by its Public Prosecutor, High Court for the State ofTelangana atHl derabad.
Respondent/Complainant
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 Criminal Appeal No.271 of2019 on the file of court of III Addl.Sessions Judge, Karimnagar filed against the Judgment dated 28.11.2019 in CC. No.1l8l of2019 on the file ofthe court of Special Judicial Magistrate of First Class [(Excise) ]at Kalimnagar; f Counsel for the PetitionersSRI A.PRABHAKAR RAO
\Counsel for the llespondentADDL. PUBLIC PROSECUTOR
The Court made the follorving;
HONOURABLE JUSTICE G. SRI DEVICRIMINAL PETITION No. 8415 of [2019]
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ORDER:
Heard learned Counsel for the [petitioners/,A2 and ]43 [and]learned AdclitionaI Pubtic Prosecutor appearing for [the]respondent- State "
As seen from the record, the petitioners were tried [for]the offence punishabte under Section 379 of l.P.C. inC.C.No.'1181 of 2019 and by its [judgment, ]datr:d 28.11.2019,the learned Specia[ Judicial Magistrate of First CLass [(Excise),]Karimnagar, [(:onvicted ]the petitioners/A2 and A3 and sentencedthem to uncergo rigorous imprisonment for a period of twoyears each and to pay a fine of Rs.200/- each in default ofpayment of fine to undergo simpte imprisonment for a period ofsix months each. Being aggrieved by the said :onviction andsentence, the petitioners/A2 and 43 have preferredCrl.A.No.271 of 2019, which came up before the lll AdditionalSessions Judge, Karimnagar. Atong with thr: appea[, thepetitionersiA,2 and A3 have atso fited Crt.M.P.No.66 of 2019under Section 389 (1) of Cr.P.C., seeking to suspend thesentence of imprisonment and also sought for bait. The Learnedlll Add'itional. Sessions Judge, Karimnagar, vide order, dated11.17.2019, rlismissed the said apptication statirrg therein that"the petitioners were also imposed sentences in six other cases and att 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 toretease the petitioners on bait" and accordingty dismissed thesaid apptication.
Learned Counse[ for the petitioners would 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 entitted to bait pending disposalof the appeal as a matter of fact, but however, the learned lllAdditionat Sessions Judge, Karimnagar, instead of granting bailto the petitioners, has rejected the apptication onty on theground that they were convicted in six other cases also. Hefurther submits that the petitioners are in [jait ]since 10.06.2019and they have already been served six months of imprisonment.lf the petitioners are not reteased they witt suffelirreparableloss and injury.
Having regard to the fact that the petitionersare[anguishing in jait for the [ast 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 only, the sentence of imprisonment imposed on the *?l:;;F
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petitioners in C.C.No.1',l81 of 2019 on the fite of the SpeciatJudicial Magistrate of First Class [(Excise), ]Karimnagar, is herebysuspended, pending disposal of Criminal Appeat No.271 of 7019on the fite of the lll Additionat Sessions Judge, Karlmnagar, andthe petitioners/A2 and A3 are directed to be reteased on baiIon their furnishing personal bond to the tune of Rs.10,000/-(Rupees ten thousand onty) with two sureties each to the tikeamount, to the satisfaction of the Special Judiciat Magistrate ofFirst Ctass (Ex,:15s1, Karimnagar.
Accordirgty, the Crimina[ Petition is altowed.
sD/- cH. vENKATESHWARASS]ISTANT [REGI9TRAR]. *)
//TRUE COPY//
SEC'IION OFFICE
1. lhe III lhe III [Addl. ][Sessions ][[Judge, ][Karimnagar.]][[Karimnagar.]]
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7. one Spare Copy
HIGH COT'R.'I'
GSD,JDATE: 30-12-20 19
ORDER
CRL.P. NO. 84rs OF 2019
I]AIL
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