Gadi Saya Sdrya Chalapathi Rao vs State Of Andhra Pradesh

A. Hari Haranadha Sarma, J

The petitioner is the accused in C.C.No.285 of 2016 on the file of Additional Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Gajuwaka (originally numbered as C.C.No.601 of 2016 before the Court of III Additional Chief Metropolitan Magistrate Visakhapatnam), and he suffered conviction for the offences punishable under Sections 419, 420, 468, 471 of IPC and he was sentenced to suffer Rigorous Imprisonment for three years for the offence under Section 419 of IPC and he was directed to pay compensation of Rs.6,00,000/- to P.W.3; Rs.90,000/- to P.W.4; Rs.3,00,000/- to PW.5; Rs.1,95,000/- to PW.8, Rs.2,75,000/- to PW.9 and Rs.4,00,000/- to PW.12 and in default of payment of such compensation to P.Ws.3 to 5, 8, 9 and 12, he shall suffer simple imprisonment for a period of three months. He was further sentenced to suffer Rigorous Imprisonment for three years and also to pay a fine of Rs.10,000/- for the offence under Section 420 of IPC, in default of payment of fine, he shall suffer simple imprisonment for three months. The petitioner-accused was further sentenced to suffer Rigorous imprisonment for three years and also to pay a fine of Rs.10,000/- for the offences under Section 468 of IPC and in default of payment of fine, he shall suffer simple imprisonment for three months. The petitioner-accused was further sentenced to suffer Rigorous imprisonment for three years and also to pay a fine of Rs.10,000/- for the offence under Section 471 of IPC, in default of payment of fine, he shall suffer simple imprisonment for three months. All the sentences were directed to run consecutively.

Questioning the judgment dated 30.03.2026, passed by the Additional Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Gajuwaka, the petitioner-accused filed Criminal Appeal No.138 of 2026 before the VIII Additional District and Sessions Judge, Visakhapatnam at Gajuwaka. He had also moved Crl.M.P.No.419 of 2026 along with the Criminal Appeal seeking suspension of sentence imposed by the trial Court. But, the learned VIII Additional District and Sessions Judge, Visakhapatnam at Gajuwaka dismissed the said application vide his orders dated 14.05.2026, holding that the total sentence of imprisonment would come to 12 years, which is beyond the purview of the Court.

It is relevant to state that the learned Additional Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Gajuwaka has observed that all the sentences shall run consecutively, but when it comes to the order of the learned VIII Additional District and Sessions Judge, Visakhapatnam at Gajuwaka, it has observed that the sentences shall run concurrently. It appears that it is a typographical error. The appeal filed by the petitioner-accused is pending before the learned VIII Additional District and Sessions Judge, Visakhapatnam at Gajuwaka and during the pendency of the appeal, if the sentences of imprisonment are not suspended, there will be any amount of injustice would be caused to the petitioner-accused is the submission of the learned counsel for the petitioner-accused.

The learned counsel for the petitioner-accused and learned Assistant Public Prosecutor would submit that the appellate court has power to suspend the sentence during the pending of the appeal and grant a relief of bail.

Upon considering the facts and circumstances of the case and the grounds urged in the revision case, the prayer being for suspension of sentence and the release of the petitioner-accused during the pendency of the appeal found convincing but imposing conditions found necessary.

In the result, the Criminal Revision Case is allowed and the petitioner-accused shall be released on bail subject to following conditions:

i) The petitioner-accused shall execute a bail bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of Additional Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Gajuwaka;

ii) The petitioner-accused and his sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keep the police informed about the change in address, if any, time to time.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.