Andhra Pradesh High Court - Amravati
Nimmakayala Subbaiah, vs The State Of A.P on 19 October, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
[ 2534 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE NINETEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO Gy IA No. 1 OF 2020 ho, IN ae CRLA NO: 1051 OF 2015 Ss Between: Nimmakayala Subbaiah, S/o Late Venkataiah. ...Petitioner/Accused AND The State of Andhra Pradesh, represent by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Counsel for the Petitioner: SRI B V RAMNARESH KUMAR Counsel for the Respondent: PUBLIC PROSECUTOR Petition under Section 389 (1) of Cr. P.C., praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail in connection with the case vide SC No. 360 of 2011 on the file of the Assistant Sessions Judge, Kovur, Nellore District, pending disposal of CRLA No.1051 of 2015, 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
"This interlocutory application has been filed under Section 389(1) of Cr.P.C for granting bail.
This is the second attempt for grant of bail by the petitioner-appellant.
The appellant has been convicted for the offences under Sections 366-A, 342, 376(2)(L) of IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/-, in default, simple imprisonment for a period of two months for the offence under Section 366-A IPC; rigorous imprisonment for a period of ten years and fine of Rs.10,000/-, in default, simple imprisonment for two months for the offence under Section 376(2)(L) IPC; and, simple imprisonment for a period of one year and fine of Rs.500/-, in default, simple imprisonment for one month for the offence under section 342 IPC. It was directed that the sentences shall run concurrently.
Heard learned legal aid counsel appearing for the appellant and learned Assistant Public Prosecutor for the respondent-State. | .
On 23.11.2015, at the time of admission of appeal, the application in Cri.A.M.P.No.1658 of 2015 praying for bail was rejected by the then unified High Court.
Learned counsel for the appellant submits that the appellant is now aged 85 years and is suffering from age related health problems. On 25.06.2020, the appellant was referred to GGH, Nellore on emergency basis as he was suffering 2 with Cerebra Vascular accident and from there he was shifted to SVIMS Hospital, Tirupati, for better treatment. At present he is under treatment of SVIMS Hospital, Tirupati at Central Prison, Nellore. The appellant intends to take better treatment with the moral support of his family members. In support of his contentions, learned counsel for the appellant placed on record copy of the medical certificate issued by the Medical Officer, Central Prison, Nellore and a copy of the conduct certificate of the appellant issued by the Superintendent, Central Prison, Nellore.
Learned counsel for the appellant would further submit that out of ten years of total sentence of rigorous imprisonment imposed on the appellant, he has undergone sentence of about six years one month and fifteen days, as on 08.09.2020. Therefore, the appellant is entitled to apply for bail as he has undergone a minimum of five years imprisonment following the conviction. In support of his contention, he placed reliance on the criteria evolved, by a division bench of the unified High Court in Crl.A.M.P.No.1687 of 2016 in Criminal Appeal No.607 of 2011 (between Batchu Ranga Rao and others v. State of Andhra Pradesh), to grant bail in appeals pending before the High Court, while granting bail to Batchu Ranga Rao and eight others who were convicted in a murder case.
Learned Assistant Public Prosecutor submitted that the application may be considered on its merits.
Having regard to the facts and circumstances of the case, submissions of the counsel and on perusal of the record, this Court is satisfied that the relief can be granted.
Accordingly, the application is ordered and the petitioner-accused shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- [rupees Ten Thousands only] with two sureties each for the like sum to the satisfaction of the Assistant Sessions Judge, Kovur, Nellore District."
Sd/-M.RameshBabu HTRUE COPY// For ASSISTAN GISTRAR To, The Assistant Sessions Judge, Kovur, Nellore District.
The Superintendent, Central Prison, Nellore, Nellore District.
One CC to B V Ramnaresh Kumar, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] One spare copy .
ak WN > SP , / HIGH COURT --
/ MGR, J DATED: 19/10/2020 ORDER IA No. 1 OF 2020 IN CRLA NO: 1051 OF 2015 DIRECTION ANU AD