Andhra Pradesh High Court - Amravati
Ponnanam Palanai Swami vs The State Of Andhra Pradesh on 10 January, 2025
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
FRIDAY ,THE TENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRAf*j*PA~`
IANos.1 &2OF2025
IN
CRLA NO: 25 OF 2025
Between :
ponnanam palanai Swami, S/o Ponnanan, aged 42 years, Occ Cooll'e R/a.
/
Namman Gadi Vl'Ilage, Aarur Taluk, Velanuru post, Dharamapuri Dlstrict,
Tamil Nadu State.
...Appellant/Accused
(Petitioner I'n CRLA 25 OF 2025
On the file of HIgh Court)
AND
The State ofAndhra pradesh, Rep. by its pubIIC Prosecutor, High Court of
Andhra Pradesh at Amaravati
... Respondent/complianant
(Respondents indo)
Counsel for the petitioner :D PURNACHANDRA REDDY
Counsel for the Respondent :PUBLIC PROSECUTOR
J4LJte.1 OF 2Q2±
petition under section 430 (1) of BNSS (389 (1) of Cr.P.C., 1973)
praying that in the circumstances stated in the affldavlI filed in support of the
Petition, the High Court may be pleased to suspend the execution of sentence
dt.18.12.2024 passed I'n RSS S.C.No. 397 of 2022 on the file of the Special
court l'n the cadre of Addl. District & sessions Judge for Tfial of Red Sanders
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Smuggling Cases, Tirupati and release the appellant/accused on bail, pending
disposal of CRLA No. 25 of 2025, on the file of the High Court.
IANo.2 OF 2025:
Petition under 482 of Criminal Procedure code/ Section 528 of BNSS 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 sentence of
Payment Of fine Of Rs. 6,00,000/ i.e., imposed on the petitioner vide its
judgment dt.18.12.2024 passed in RSS S.C.No. 397 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. 25 of
2O25, 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).
ORDER
[lThe present interlocutory applications are filed seeking suspension of sentence of imprisonment imposed and payment of fine of Rs.6,00,000/ against the petitIOner/accused In RSS Sessions Case No.397 of 2022 on the file of Additional District & sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, pending disposal of the Criminal Appeal.
Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioner and Ms. K.Priyanaka Lakshmi, learned Asslslant Public Prosecutor appearing for the respondent.
Learned counsel for the pe,titioner would submit that the petitioner was convicted for the dffences punlshable under sections , = =l`=_ =±La .
20(1)(c)(ii)&(x), 20(1)(d)(i) and under Section 32A punishable under Section 36 of Andhra Pradesh Forest (Amendment) Act 2016. The petitioner/accused was 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) and to undergo simple imprisonment for six (6) months in default of payment of fine for the offence punishable under sections 20(1)(c)(ii) &(x), 20(1)(d)(i) of Andhra Pradesh Forest (Amendment) Act 2016 and was 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) and to undergo further simple imprisonmeIlt for six (6) months in default of payment of fine for the offence under Section 32A under Section 36 of AP Forest (Amendment) Act, 2016 .
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Learned counsel for the petitioner would submit that the I petitioner/accused could not pay the fine amount of Rs.6,00,000/. Learned counsel for the petitioner further would submit that he has good grounds to succeed the appeal and the appeal may take some considerable time for disposali Learned counsel finally prays to allow the petition by imposing certain conditions to ensure the presence of the petitioner 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 submjssions made, this petition is allowed on the following conditions:
1. The petitioner shall execute a personal bond for a sum of Rs|2O,000/ (Rupees Twenty Thousand Only) with two su`reties for a like sum each to the satisfaction of Judicial Magistrate of I class, Sidhout.
SD/ K.SRINIVASA RAJU ASSISTANT R¢F;GlljS T RA R //TRUE COPY// For ASSISTANT REGISTRAR Tol
1. The Addl. District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati
2. The Judicial Magistrate of I class, Sidhout
3. The Superintendent, Central Prison, Nellore
4. One CC to SRI. D PURNACHANDRA REDDY Advocate [OPUC]
5. Two cos to PUBLIC PROSECUTOR. High Court ofA.P[OUT]
6| One spare copy \ HIGH COURT /i /( Dr.VJP,J /~ 5i DATED: 10/01/2025 ORDER LIST THE MATTER IN THE USUAL COURSE lANos.1 &2OF2025 lN CRLA NO: 25 OF 2025 ``t.
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DIRECTION
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