Andhra Pradesh High Court - Amravati
Pulakanti Kranthi Kumar Kranthi vs The State Of Andhra Pradesh on 2 January, 2025
THURSDAY, THE SECOND DAY OF JANUARY."
TWO THOUSAND AND TWENTY FIVE w=
i» >PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA *
IA Nos. 1 and 2 OF 2024 |
yw
CRLA NOs: 859 AND 860 OF 2024
CRLANO.859 OF 2024 _»
Between." |
Pulakanti Kranthi Kumar @ Kranthi, S/o P. Eswaraiah, aged 25 years, Orne
Coolie Nio. VC Vaddipalll, H/o Kethapeta, Pulicherla Mandal, Chittoor District,
Now residing at RTC Nallaguita, Piller Town and Mandal, Chittcor Districh
AppellantAccused No we
(Petitioner in CRLA 889 OF 2024
on the file of High Court)
AND ;
The State of Andhra Pradesh, Rep. by iis Puli Prosecutor, High Court of
Andhra Pradesh at Amaravat
. Responden/Compainant
{Respondents im-do-}
lA.Nod of 2024: _
Petition under Section 43001) of BNSS (old Provision Under Section
3891) of CrPic} is fled praying that in the circumstances stated in
memorandum of grounds of criminal appeal, the High Court may be pleased
fo suspend the execution of | Senience dt.30.12. 2024 passed in RSS
S.C.No.24%" of 39022 on the file of the Special Court in the cadre of Add.
Cisivict & Sessions Judge for Thal of Red Sanders Smuggling Gases, Trupat
and release the appellanvaccused Naz on bail, pending dispasal of
CRLA No.859 of 2024, on the file of the High Court."
iA Neve af 2024:
grounds of criminal appeal the High Court may be pleased fo suspend the
sentence of payrnent off ng of # Rs.6.00,0001 Le, imposed on the pelifconer
vide is fucdament dao, 125 2024 passed in RSS S.C.No 242. of 2022 on the He
of the Special Court in the cadre of Addl. [strict & Sessions Judge for Trial of
Red Sanders Smuggling Cases, Trupall, pending disposal of CRLA No.859 of
2024, on the fle of the High Court
Counsel forthe Petifienar: 8} GYVUAYA SARADHI
Counsel for the Respondent : PUBLIC PROSECUTOR
CRLA NO.880 OF 9034
Between:
Lingam Ashok, Sie
ol
» Appetiant/Accused No.1
Village, Hio Regallu,
The State of Andhra Pradesh, Rep, by is Public Prosecutor, High Court of
Andhra Pradesh af Amaravall,
..Respondent/Complamant
PLANO OF 2024
Yiel Provisinn under Section
yoy os s we . 2. Zan 4 at ¥ art he
S881} of Ce Pic. is fled praying that in fhe circumefances stafed in the
grounds fled In support of the petition, the High Court may be pleased fo
suspend the execution of sentence dh. aoig 2.2024 ¢ passed in RSS S.C.No, 242 |
' . as = . cole ak wee af Addl. UNsires &
¥ 2022 on the file of the Special Court in the cadre of Addi. District &
es weg ~ ox oe od Ser ineiie ases, Titinal an
eessions Judge for Tal of Red Sanders Smuggling Cases, Tininall
*y o TAC oh NS ar
release the appellanifaccused Not on bail, pending disposal of
CRLA No. 880 of 2024, on the Mle of the HI gh Cour
"LANG. 2 OF 2024
Petition under Section 43001) of ENSS(Qid Provision under Section
3894) of CrP.C., is filed praying that in the circumstances stafed in the
grounds filled in support of fhe petition, the High Court may be pleased to
suspend sentence of paymerit of fine of Re.6,00,000/- Le., imposed on the
petitioner vide fs judgrnent di.30.12. 2024 passed in RSS S.CLNo.242 of 2022
on the fle of the Special Court in the cadre of Adal. District & Sessians Judge
for Trial of Red Sanders Smuggling Cases, Tirupall, pending disposal of
GRLA No, 850 of 2024, on the fie of the High Court
Counsel for the Petitioner : SRI D.PURNA CHANDRA REDDY
Counsel for the Respondent : PUBLIC PROSECUTOR."
The Court made the following --
ORDER:
"The present interlocutory aonlications are filed seeking suspension of sentence of imprisonment and payment of fine of Rs.6,00,000/- imposed against the petitioners/faccused Nas. and Zin RSS Sessions Gass No.gd2 of 2022 on the Ale of Special Court in the Gadre of Additional District & Sessions Judge for Trial of Red Sanders Smugaling Cases, Tirupati, pending disposal of the Criminal Appeal. .
Heard Sri O.Purna Chandra Reddy, learned counsel for the petitioners and Ms..Priyanaka Lakshmi, learned Assistant Public Prosecutor appearing for the respondent. ~ Learned counsel for the peifiioners would submit that the pelitioners were convicted for the offence punishable under sections 4000 HcHHNAD) & (0), 20(1NdNiMa) and under Section 32-A punishabis under Section 36(a} of Andhra Pradesh Forest(/Amendment}) Act 2016. The pethionersiaccused Nos.d and ¢ were sentenced to undergo rigorous imprisonment for a period of five (5) years and to pay a fine of Rs.3,00,000/(Rupees threes lakhs only} each and to underga simple imprisonment for six manths in default of payment of fine for the offence punishable under Sections 20(1Nc}IMHMv) & ix}, 200MAaNIMa) of Andhra Pradesh Foresti{Amendment}) Act 2078 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 lakis only} each and to undergo further simple imprisonment for six (6) months in default of payment of fine for the offence under Section 32-4 under Section 36 of AP Forest Gamendment Act, 2076. 7 Learned counsel for the petitioners would submit that the petiioners/A.T and A.2 are auto driver and coolle and they could not pay the fine amount of Rs.3,00,000/. Leamed counsel for the petitioners further would submit that they have good grounds to succeed the anpeal and the appeal may take some considerable time for disposal. Learned counsel finally prays to allow fhe petitions by imposing certain conditions fo ensure the presence of the petifieners before this Court in the present Anseal. < .
Ns. K. Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that this Court may impose appropriate condiiens while considering the petitions.
Considering the submissions mace, these petitions are allowed on the following conditions:
i. Yhe petitioners/A.1 and A.2 shall execute a personal band for a sum of Rs.20,000/. (Rupees Twenty Thousand Only} with fvo sureties for a like sum each fo the satisfaction of Special Court in the Cadre of Additional District & Sessions Judge for Trial of Red Sanders Smuggling Gases, Tirupati.
é. The petitioners/A.1 and AQ shall deposit an amount of Rs.1,$0,00- (Rupees One Lakh Fifty Thousand any} each out of the total fine amount of Rs.8,00,000/-(Rupees Six Lakhs only} within a period of two (2) weeks from the date of their release.
3. The petitioners/A.4 and A. = shail appear before the tral Court on 1° Monday of every month HU the disposal of the present Appeal."
SD MPRABHAKARA RAD ASSISTANT REGISTRAR i TRUE COPY SECTION OFFICER '. The Additional District & Sessions dudge for Trial of Red Sanders Smuggling Cages, Tirupati, REA RRR AA LARS OLI EEE
2. The Additional Judicial Magistrate of | Class, Pier" Chit oor District.
3. The Superintendent, Centra! Prison, Nellore.
4& The Station House OFF cer, Shakarapeta Police Station, Chittoor Distriat S. One CC io SRED. PURNACHANDRA REDOY, Advocate fOPUCT & One CO to SRIG VUAYA SARADHLE Advocate fOPUC] Fwo OCs fo PUBLIC PROSECUTOR, High Court of AP. Amaravatl [OUT]
5. One spare copy.
PSD SSS SRS HIGH COURT YUF J DATED O20 2028 ORDER LANOS. & 2 OF 2034 IN CRLA.Nos.859 & 86D of 2094 SUSPENSION LIN STN ANAS ner' ite, Uy 4% M teed 'Y ae SSN ie ees oN.
PN x . as Lo wie = BATS s Tee ~ PY 3 Xs SSeereaee ee MS =