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Judgment
Dr Venkata Jyothirmai Pratapa, J
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in connection with Crl.M.P.Nos.1521 of 2025 and 1476 of 2025 in Crl.A.No.102 of 2025 on the file of Special Judge for Trial of Cases under SCs. & STs. (POA) Act-cum-VIII Additional District & Sessions Judge, West Godavari, Eluru.
Heard Mr. Ch.Sarath Chandra, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor.
The learned counsel for the petitioner would submit that the petitioner was convicted in C.C. No. 148 of 2019 by the learned II Additional Civil Judge (Junior Division)-cum-II Additional Judicial Magistrate of First Class, Eluru, for the offence under Section 138 of the Negotiable Instruments Act. Aggrieved by the impugned judgment, the petitioner preferred an appeal, which is pending consideration on the file of the Special Judge for Trial of Cases under the SCs & STs (POA) Act-cum-VIII Additional District & Sessions Judge, West Godavari, Eluru. The learned counsel would further submit that the petitioner preferred Crl.M.P. No.746 of 2025 seeking suspension of sentence, which was allowed subject to payment of 20% of the cheque amount as compensation within 60 days from the date of the said order. The petitioner could not deposit the said amount due to financial difficulties. Thereafter, the petitioner preferred Crl.M.P. No.1521 of 2025 seeking extension of time, which was dismissed by the Court below. The learned counsel for the petitioner would further submit that the petitioner has been in judicial custody since 15.11.2025, as he failed to deposit the amount within the stipulated time. He would also submit that the petitioner’s mother is suffering from severe health issues and that the petitioner is ready and willing to deposit 20% of the cheque amount, as directed by the learned Appellate Court, i.e., an amount of Rs. 80,000/-, within 24 hours from the date of his release, as his signature is required for making the deposit.”
Considering the submissions made, on perusal of the material on record and taking into consideration of the case, it is desirable to release the Petitioner on regular bail with the following stringent conditions:
i. The learned Appellate Judge is directed to release the petitioner on bail upon execution of a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to secure his presence for the purpose of the appeal.
ii. After his release, the petitioner shall deposit the amount before the Appellate Court within one day from the date of release, as ordered by the learned Appellate Judge.
iii. The learned Appellate Judge is directed to dispose of the appeal as expeditiously as possible, without granting adjournments in a casual manner merely on request.
iv. The Petitioner/ Accused No.1 shall appear before the learned trial Court on every adjournment without fail.
In the result, the Criminal Petition is allowed.