M. Ramesh v. A. Madhusudhan Reddy

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.69 of 2018 ORDER:

Considering that the petitioner is now languishing in jail, this Criminal Revision Case is disposed of at the admission stage. 2) The instant Criminal Revision Case is filed by the petitioner/accused aggrieved by the order dated 27.12.2017 in Crl.M.P.No.648 of 2017 in Crl.A.No.296 of 2017 passed by the learned V Additional District and Sessions Judge, Nandyal, Kurnool District dismissing the petition filed by the petitioner under Section 389 (1) of Cr.P.C and refusing to grant suspension of sentence since the petitioner failed to deposit compensation amount of Rs.4,00,000/- as directed by the trial Court.

3) Heard.

4) The submission of learned counsel for petitioner is that petitioner is a regular Mazdoor in BSNL office at Bethemcherla Village and Mandal, Kurnool District and earning a meagre salary, besides he is now in jail and therefore, it is highly difficult for him to secure Rs.4,00,000/- and hence the impugned order may be set aside and he may be enlarged on suitable terms. 5) Having regard to the above submission, the Crl.R.C. is allowed setting aside the impugned order dated 27.12.2017 and consequently Crl.M.P.No.648 of 2017 is allowed on the condition of petitioner executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for likesum to the satisfaction of trial Court and on further condition of his depositing Rs.2,00,000/- towards part of compensation amount within four (4) weeks from today. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________ U.DURGA PRASAD RAO, J.

Dated 24-01-2018 Note: Issue CC by tomorrow.

(b/o) Murthy