Crl.MP No.162 of 2022 in Crl.Appeal No.58 of 2022
IN THE COURT OF XI ADDITIONAL DISTRICT & SESSIONS JUDGE (FAST TRACK
COURT): R.R.DISTRICT : AT MEDCHAL
(Dated on this the 4th day of May, 2022)
PRESENT: Dr. T. RAGHURAM
XI Addl. District & Sessions Judge (FTC)
Medchal, RR District
Crl.M.P.No. 162 of 2022
in
Crl.Appeal No.58 of 2022
Between:
1.Mamindla Venkatesh, S/o.Narasaiah Aged about 51 years, Occ: Agriculture, R/o.H.No.3-0, Ravalkol Village, Medchal Mandal, Medchal Malkajgiri District-500014.
2.Mamindla Mallesh, S/o.Late Chinna Balaiah Aged about 46 years, Occ: Agriculture, R/o.H.No.2-99, Ravalkol Village, Medchal Mandal, Medchal Malkajgiri District-500014.
3.Mamindla Kumar, S/o.Narasaiah Aged about 46 years, Occ: Agriculture, R/o.H.No.3-0, Ravalkol Village, Medchal Mandal, Medchal Malkajgiri District-500014.
4.Mamindla Sathaiah, S/o.Late Balaiah Aged about 66 years, Occ: Agriculture, R/o.H.No.3-3, Ravalkol Village, Medchal Mandal, Medchal Malkajgiri District-500014.
5.Mamindla Narsaiah, S/o.Rajamallaiah Aged about 94 years, Occ: Agriculture, R/o. Ravalkol Village, Medchal Mandal,
Medchal Malkajgiri District-500014. ...Petitioners/Appellants
A N D
The State of Telangana through
Medchal Police Station. ...Respondent/Complainant
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Crl.MP No.162 of 2022 in Crl.Appeal No.58 of 2022
This is a Criminal Miscellaneous Petition having come before me on dt.04-05-2022 in the presence of Sri. P. Subba Rao, Advocate on behalf of Petitioners/Appellants; Sri. C. Sham Rao , learned Additional Public Prosecutor on behalf of Respondent/Complainant and having stood over for consideration today this Court doth pronounce the following:-
O R D E R
1.This is a Petition filed under Section 389(1) of Code of Criminal Procedure by
Petitioners/Appellants praying this Court to suspend the sentence passed in Judgment in CC.No.685 of 2016, dt.11.04.2022 on the file of learned XXII Metropolitan
Magistrate, Cyberabad, at Medchal till disposal of main appeal.
2.Notice given to the Respondent, who did not file any Counter.
3.This Court heard the arguments on either side and perused the entire record.
Now the Point for determination is:-
Whether the Petitioner/Appellant is entitled to the relief of suspension of
execution of sentence passed in CC.No.685 of 2016 pending disposal of
appeal as prayed for?
POINT:-
4.The learned Counsel for Petitioners would contend that the Accused A2 to A6 are convicted in CC.No.685 of 2017 on the file of XXII Metropolitan Magistrate,
Cyberabad, at Medchal and imposed simple imprisonment of two (02) years for the offence under Section 447 r/w 34 of IPC and to pay fine of Rs.500/- each; in default 2 of 4
Crl.MP No.162 of 2022 in Crl.Appeal No.58 of 2022
of payment of fine, they shall further undergo simple imprisonment for a period of one week each. The remand period underwent if any by the accused shall be given set-off under Section 428 Cr.P.C. The original receipt are filed to show that the appellants paid fine amount of R.500/- on 11.04.2022.
5.The learned counsel for Petitioners/appellants would contend that the appellants have good grounds to contest the appeal; that he is on bail during trial
before the trial court; and that they are agriculturists and fixed abode at Ravalkol
village, Medchal Mandal, Medchal Malkajgiri District within the jurisdiction of this
Court and there is no chance of his absconding and prayed to suspend the execution of sentence of imprisonment till the disposal of the appeal.
6.Per Contra, the learned Additional Public Prosecutor opposed the Petition and prayed to decide the petition on merits.
7.On considering the submissions on either side and on considering the entire record, this Court finds that as considerable period may be taken for disposal of main appeal and till then keeping the accused behind the bars is not justifiable. Hence, the execution of sentence of imprisonment is to be suspended on the same terms and conditions as imposed by the learned trial Court till disposal of the main appeal.
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Crl.MP No.162 of 2022 in Crl.Appeal No.58 of 2022
8.IN THE RESULT, this Petition is allowed by suspending the execution of sentence of imprisonment passed against the Accused vide Judgment dt.11.04.2022 in
CC.No.685 of 2016 on the file of XXII Metropolitan Magistrate, Cyberabad, at
Medchal, on the same terms and conditions as imposed by the learned trial court.
Directly dictated to Stenographer Grade-III, typed by him, corrected and pronounced by me in the open Court on this the 4 th day of May, 2022.
XI Addl. District & Sessions Judge (FTC)
RR District: At Medchal
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