Andhra Pradesh High Court - Amravati
Bukke Amaresh Amaresh Naik, vs The State Of Andhra Pradesh on 9 May, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE NINTH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
iPRESENT:
lA Nos. 1 AND 2 OF 2025
IN
CRLA NO: 328 OF 2025
Between:
1. Bukke Amaresh @ Amaresh Naik, S/o. Subbanna Naik, aged 28 years,
Occ- Labor, R/o. D.No. 11/57, Rangareddy Colony, Near Reddamma
Flour Mill, MadanapalleTown, Ghittoor District.
2. Chennuru Niranjan, S/o. Penchalaiah, Aged 28 years, Occ- Driver, R/o.
Mothi Nagar, Near Shesha Mahal Theatre, Madanapalli Town, Chittoor
District
...Appellants/Accused No.1 &2
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of
Andhra Pradesh at Amaravati
...Respondent/Complainant
Counsel for the Petitioners : SRI D PURNACHANDRA REDDY
Counsel for the Respondent: Asst PUBLIC PROSECUTOR
lA NO.1 OF 2025:
Petition under Section 430(1) of BNSS and Old U/s 389(1) of CrPC is
filed praying that in the circumstances stated in the affidavit filed in support of
the petition, the High Court may be pleased to suspend the execution of
sentence dt.08.05.2025 passed in RSS S.C.No. 432 of 2022 on the file of the
Special Court in the Cadre of Addl. District & Sessions Judge for Trial of Red
Sanders Smuggling Cases, Tirupati and release the appellants/acc used No. I
4
& 2 on bail, Pending disposal of CRLA No. 328 of 2025, on the file of the High
Court.
lA N0.2 OF 2025:
Petition under Section 528 of BNSS and U/s 482 of CrPC praying that in
the circumstances stated in the affidavit filed in support of the petition, the
High Court may be pleased to susperid the sentence of payment of fine of Rs.
6,00,000/- each i.e., imposed on the appellants/accused No.1 & 2 vide its
judgment dt.08.05.2025 passed in RSS S.C.No. 432 of 2022 on the file of the
Special Court in the Cadre of Addl. District & Sessions Judge for Trial of Red
Sanders Smuggling Cases, Tirupati, Pending disposal of CRLA No. 328 of
2025, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order'will be deemed to be the receipt of
notice in the case). The Court made the following
ORDER
"The present interlocutory applications are filed seeking suspension of sentence of imprisonment and also fine imposed against the petitioners/ A1 and A2 in RSS Sessions Case No.432 of 2022 on the file of learned Special Court in the Cadre of Additional District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, pending disposal of the Criminal Appeal and to enlarge them on bail.
Heard D.Purna Chandra Reddy, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for the respondent-state.
Learned counsel for the petitioners would submit that the petitioners were convicted for the offence punishable under Section 20(1)(c){ii)&(xj punishable under Section 20(1 )(d)(i)(a) and under Section 32-A punishable under Section 36(a) of Andhra Pradesh Forest (Amendment) Act, 2016. The r petitioners/ A1 and A2 were sentenced to undergo rigorous imprisonment for a period of five (5) years and to pay a fine of Rs.3,00,000/- (Rupees three lakhs only) each and to undergo simple imprisonment for six (6) months in default of payment of fine for the offence punishable under Section ^0(1)(c)(ii)&(x) punishable under Section 20(1)(d)(i)(a) of Andhra Pradesh Forest (Amendment) Act, 2016 and were further sentenced to undergo rigorous imprisonment for a period of five (5) years and sentenced to pay fine of Rs.3,00,000/- (Rupees three lakhs only) each and to undergo further simple imprisonment for six (6) months in default of payment of fine for the offence under Section 32-A punishabie under Section 36(a) of Andhra Pradesh Forest (Amendment) Act, 2016. , Learned counsel for the petitioners would submit that the petitioners/ A1 and A2 could not pay the total fine amount of Rs.6,00,000/- each.
Learned counsel for the petitione/s further would submit that the petitioners have good grounds to succeed the appeal and the appeal may take some considerable time for disposal. Learned counsel finally prays to allow the petition by imposing certain conditions to ensure the presence of the petitioners before this Court in the present Appeal.
Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that this Court may impose appropriate conditions while considering the petition.
Considering the submissions rpade, this petition is allowed on the following conditions:
1.
The petitioners / A1 and A2 shall e^^ecute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each to the satisfaction of Special Court In the Cadre of Additional District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati.
2. The petitioners / A1 and A2 shall deposit an amount of Rs.2,00,000/- (Rupees Two Lakhs only) each out of the total fine amount of Rs.6,00,000/- (Rupees Six Lakhs only) each within a period of four (4) weeks from the date of their release.
3. The petitioners / A1 and A2 shall appear before the trial Court on 1 St Monday of every month till the disposal of the present Appeal."
SD/-N.NAGAMMA
ASSISTANT ISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Addl. District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati.
2. One CC to SRI. D PURNACHANORA REDDY Advocate [OPUCJ
3. Two CCS to PUBLIC PROSEQUTQR, High Court of Andhra Pradesh. [OUT]
4. One spare copy ksr HIGH COURT Dr.VJP, J DATED:09/05/2025 BAIL ORDER lA N0.1 AND 2 OF 2025 IN CRLA.No.328 of 2025 ALLOWED