Dande Srinivasarao Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

Dande Srinivasarao Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner/accused to be released on executing a personal bond for Rs.5,000/ (Rupees five thousand only) with one surety for a like sum to the satisfaction of the learned XIII Additional District and Sessions Judge, Narsaraopet; Jail Superintendent directed to produce the accused before that Court on 04.4.2025 if he is not released by virtue of the Order of this Court; miscellaneous applications pending, if any, to stand closed.

Issue for consideration

Whether the docket order dated 27.3.2025 passed in Crl.A.No.22 of 2021 by the learned XIII Additional District and Sessions Judge, Narsaraopet - by which the Appellate Court remanded the petitioner to judicial custody - is vitiated by illegality, and whether the petitioner ought to be enlarged on bail.

Court's answer

The Court found no illegality in the impugned order: the judgment could not be prepared on that day and the learned Judge adjourned the matter.

Ratio / Principle

Considering that the petitioner is an old man, that the case against him is based on the bounce of the cheque, and his undertaking to cooperate with the Appellate Court for disposal of the matter, the Court was inclined to grant bail to the petitioner.

Detailed headnote1 paragraphs

Criminal Revision (High Court of Andhra Pradesh at Amaravati; T. Mallikarjuna Rao, J.) - Revision against the docket order dated 27.3.2025 in Crl.A.No.22 of 2021 (XIII Additional District and Sessions Judge, Narsaraopet) under which the 71-year-old petitioner was remanded to judicial custody while the appeal stood posted for 'Pronouncement of Judgment': Held, no illegality in the impugned order, since the judgment could not be prepared on that day and the learned Judge adjourned the matter; however, considering that the petitioner is an old man, that the case against him is based on the bounce of the cheque, and his undertaking to cooperate with the Appellate Court for disposal of the matter, bail granted - release on execution of a personal bond of Rs.5,000/ (Rupees five thousand only) with one surety for a like sum to the satisfaction of the XIII Additional District and Sessions Judge, Narsaraopet; Jail Superintendent directed to produce the accused on 04.4.2025 if not released; miscellaneous applications, if any, closed. Criminal Revision Case disposed of accordingly (02.04.2025).

APHC010163802025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3369]

WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

CRIMINAL REVISION CASE NO: 404 OF 2025

Between:

Dande Srinivasarao ...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1.SHAIK ASIF

Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR

The Court made the following:

ORDER:

The Criminal Revision Case has been filed against the docket order, dated 27.3.2025, passed in Crl.A.No.22 of 2021 by

the learned XIII Additional District and Sessions Judge, Narsaraopet whereby enlarging the petitioner on bail till the disposal of the said Criminal Appeal.

Heard. Perused the record.

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Learned counsel for the petitioner submitted that the revision application has been filed challenging the impugned order dated 27.3.2025, passed in Crl.A.No.22 of 2021 by the learned XIII Additional District and Sessions Judge, Narsaraopet. It is submitted that the petitioner is aged about 71 years and he has been in judicial custody from 02.01.2025. As such, prayed to pass appropriate orders.

A perusal of the material on record would indicate that the

Crl.A.No.22 of 2021 is coming up before the learned XIII Additional District and Sessions Judge, Narsaraopet for ‘Pronouncement of Judgment’. By way of filing revision petition, the petitioner is challenging the order passed by the Appellate Court remanding the petitioner to judicial custody. Though the petitioner is questioning the impugned order, this Court finds no illegality as the judgment could not be prepared on that day, the learned Judge has adjourned the mater. However, considering the fact that the petitioner is an old man and the case against him is based on the bounce of the cheque and the petitioner under takes to cooperate with the Appellate Court for disposal of the matter while disposal of the revision petition, this Court is inclined to grant bail to the petitioner.

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9. In the result, the Criminal Revision Case is disposed of

with the following conditions:

(i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.5,000/(Rupees five thousand only) with one surety for a like sum each to the satisfaction of the learned XIII Additional District and Sessions Judge, Narsaraopet;

(ii) As the matter is posted on 04.4.2025 before the learned XIII Additional District and Sessions Judge, Narsaraopet, the Jail Superintendent is directed to produce the accused before the Court, if he is not released by virtue of the Order of this Court.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

_____________________ T. MALLIKARJUNA RAO, J.

02.4.2025

TJN

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72

HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

Criminal Revision Case No.404 of 2025

Dated:02.4.2025

TJN