Andhra Pradesh High Court - Amravati
K. Yoga Narasimha Reddy Bujji, Nellore ... vs State Of A.P., Rep. By P.P., Hyd on 26 September, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.137 of 2015
PROCEEDING SHEET
Sl. DATE
ORDER
No
17. 26.09.2022 MGR, J & TMR, J This Court vide orders dated 30.03.2021 passed in IA.No.1 of 2020, suspended the sentence imposed on the appellant and enlarged him on bail, in view of the law declared in Batchu Rangarao and others v. State of A.P [2016(3) ALT (Crl) 505 (AP)] on certain conditions. One such condition is that the appellant shall appear before the IV Additional Judicial Magistrate of First Class, Chittoor, once in a month till disposal of the present appeal, failing which learned Magistrate shall submit a report to the Court whereupon the bail so granted to the appellant stands cancelled in accordance with law.
While so, learned counsel for the appellant filed a memo dated 09.09.2022 inter alia stating that as per the orders of this Court the appellant has been complying with the condition by appearing before the IV Additional Judicial Magistrate of First Class, Chittoor. Due to ill- health, petitioner could not appear before the said Court, on 01.09.2022. The non-appearance before the Court below on 01.09.2022 is neither willful nor wanton. When the petitioner approached the Court below on a later date, the Court below was not inclined to take 2 petitioner's signature. If the petitioner is not permitted to appear before the Court below on any other date, the petitioner would be put to irreparable loss and hardship. Hence, he prayed to permit the petitioner to appear before the IV Additional Judicial Magistrate of First Class, Chittoor, for compliance of the orders dated 30.03.2021.
In view of the aforesaid, we direct the IV Additional Judicial Magistrate of First Class, Chittoor, to submit a report with regard to the averments made in the memo by learned counsel for the petitioner.
Post on 17.10.2022.
___________ MGR, J ___________ TMR, J Vjl