Disposed

Onuoha Chukuwemka at Emmy N.Guessan at Koffin Harve v. the State of Andhra Pradesh

Andhra Pradesh HC18 Aug 2023CRLRC/583/2023

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, Amaravati, disposed of a criminal revision file at the stage of admission. The Court directed the appellate court to decide the pending criminal appeal of the accused, a foreigner, expeditiously without hearing the plea on merits, as the accused had already served nearly two years of imprisonment.

What did the court decide?

The criminal revision case disposed of at the stage of admission; direction to appellate court to decide the pending appeal expeditiously.

Onuoha Chukuwemka at Emmy N.Guessan at Koffin Harve… — Bail and Remand | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY ,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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&I
gm

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THE HONOURABLE SRI JUSTICE K SURESH REDDY

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CRIMINAL REVISION CASE NO: 583 OF 2023

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Revision filed under Sections 397 and 401 of Cr.P.C., aggrieved by the order Dated 06-12-2022 passed in Crl.M.P.No.301 of 2022 in CrI.Appeal No.122 Of 2022 on the file of the II Additional Sessions Judge, Kurnool at Adoni thereby dismissing the petition filed for suspension of sentence imposed by the Judicial Magistrate of I Class, Yemmiganur passed in C.C.No.426 Of 2022.

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Between:

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Onuoha £hukuwemka @ Emmy N.Guessan @ Koffin Harve, S/o Onuoha, Age 24yrs, Native Of South East Eboo, Neisseria, Now Residing At Dwaraka Sector 19 (2nd Floor), Ambrahi Village, New Delhi.

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...Petitioner/1®‘ Accused

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi

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...Respondent

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Set-aside the order Dt.06-12-2022 passed in Crl.M.P.No.301 of 2022 in CrI.Appeal No.122 Of 2022 on the file, of the Additional Sessions Judge, Kurnool at Adoni suspending the sentence passed in C.C.No.126 Of 2022 by Calender Judgment Dt. 17-10-2022 on the file of Judicial Magistrate of 1st Class, Yemmiganur and enlarge the petitioner on bail, pending disposal of the main Criminal Revision Case.

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Counsel for the Petitioner : Sri. Nageswara Rao V

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Counsel for the Respondents: Public Prosecutor

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The Court made the following:

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON'BLE SRI JUSTICE K. SURESH REDDY

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CRIMINAL REVISION CASE No.583 of 2023

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ORAL ORDER:'

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This criminal revision case arises out of the order dated 06.12.2022 passed by the learned II Additional Sessions Judge, Kurnool at Adoni,' in Crl.M.P.No.301 of 2022 in Criminal Appeal No. 122 of 2022.

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The petitioner herein, who is arrayed as accused No.l in C.C.No.426 of 2022 on the file of the learned Judicial Magistrate of First Class, Yemmiganur, was tried, along with accused Nos.2 and 3, for the offences punishable under Sections 420 read with 34 IPC, Section 66-D of Information & Technology Act, 2008, Section 14A(b) & 14-B of the Foreigners Act, 1946, Section 5 of Registration of Foreigners Act, 1939 read with Rules 5 and 6 of the Registration of Foreigners Rules, 1992. The trial Court, having found the accused Nos.l to 3 guilty of the aforesaid offences, convicted them and imposed sentence of rigorous imprisonment of 3 years for each of the offences, except the offence under Section 5 of Registration of Foreigners Act, 1939 read with Rules 5 and 6 of the Registration of Foreigners Rules, 1992, for which sentence of rigours imprisonment of one year was imposed. vide judgment dated 17.10.2022. All the sentences were directed to run concurrently and different amounts of fine were also imposed for the offences

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2 Crl.R.C.No.S83of2023KSRJ

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charged. Aggrieved thereby, the petitioner/accused No.l preferred Criminal Appeal No. 122 of 2022 on the file of the learned II Additional Sessions Judge, Kurnool, at Adoni, and along with the said appeal, he filed Crl.M.P.No.301 of 2022, seeking suspension of sentence passed against him by the trial Court, during pendency of the appeal. The appellate Court, having observed that the petitioner/accused No.l has been in judicial custody throughout the trial and that he is a foreigner, opined that it was not desirable to suspend the sentence pending the appeal and accordingly, dismissed the Crl.M.P.No.301 of 2022, by order dated 06.12.2022, against which the present criminal revision case has been preferred.

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Learned counsel for the petitioner submits that the appellate Court ought to have granted bail to the petitioner during pendency of the statutory » appeal and imposition of a condition that he shall not leave the country till the disposal of the appeal would mitigate the apprehension that the petitioner, being a foreigner, may jump bail.

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On the other hand, learned Assistant Public Prosecutor supports the order under appeal, contending that while the petitioner was not granted bail during pendency of C.C., he is not entitled to be enlarged after conviction and, therefore, the appellate Court has rightly refused to suspend the sentence pending the appeal.

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This Court has considered the submissions made on either side and perused the material available on record Admittedly, the petitioner is a

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KSR,J Crl.R.C.No.583 of 2023

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foreigner. He has been in jail throughout the trial and, ultimately, convicted and sentenced to undergo rigorous imprisonment for three years for all the offences, except the offence under Section 5 of Registration of Foreigners Act, 1939 read with Rules 5 and 6 of the Registration of Foreigners Rules, 1992, for which he was sentenced to undergo rigorous imprisonment for one year, and all the sentences were directed to run concurrently. It is brought to the notice of this Court that the petitioner has been in jail since 27.08.2021 and he has already served nearly two years of imprisonment. In that view of the matter and taking into consideration all the circumstances, this Court is of the opinion that the ends of justice would be met if the appeal filed by the petitioner itself is disposed of by the appellate Court expeditiously. 6. Accordingly, this criminal revision case is disposed of at the stage of admission, with a direction to the learned II Additional Sessions Judge, Kurnool, at Adoni, to dispose of the Criminal Appeal No.l22 of .2022 preferred by the petitioner herein, on its own merits and in accordance with law, as expeditiously as possible. 7. As a sequel, pending interlocutory applications, if any, shall stand

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closed.

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SD/- M RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY//

y^SE^ri^N^ICER

To,

The II Additional Sessions Judge, Adoni, Kurnool district 2. The Judicial Magistrate of I Class, Yemmiganur, Kurnool district 3. One CC to Sri. Nageswara Rao V, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at

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Amaravathi [OUT]

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5. Two CD Copies Stu sree

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HIGH COURT

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DATED: 18/08/2023

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ORDER

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CRLRC.No.583 of 2023

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re
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DISPOSING OF THE CRIMINAL REVISION CASE

Onuoha Chukuwemka at Emmy N.Guessan at Koffin Harve v. the State of Andhra Pradesh

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Onuoha Chukuwemka at Emmy N.Guessan at Koffin Harve v. the State of Andhra Pradesh

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