Goli Diwakar v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD PROCEEDING SHEET 2.

11.03.2024 Dr.GRR,J I.A.No.1 of 2024 Tr. to I.O.

folder subject to correct ions if any This application is filed by the petitioner-appellant-accused No.1 to enlarge him on bail by suspending the operation of sentence of imprisonment imposed vide judgment dated 22.02.2024 passed in Crl.A.No.32 of 2022 by the Sessions Judge, Nizamabad, confirming the judgment dated 11.10.2022 passed in C.C.No.269 of 2016 by the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Armoor, pending disposal of the Criminal Revision. Heard the learned counsel for the petitioner. Learned counsel for the petitioner submitted that the petitioner was convicted for the offences under Sections 419, 417 and 468 of IPC and Sections 3(a) and 3(b) of Public Examination Offence Act, 1980 and was sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.

1,000/- for the offence under Section 419 IPC, in default to undergo simple imprisonment for one month; further to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1,000/- for the offence under Section 417 IPC, in default to undergo simple imprisonment for three months; further to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- for the offence under Section 468 IPC, in default to undergo simple imprisonment for three months; further to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.

Examination Offence Act, 1980, in default to undergo simple imprisonment for one month. All the sentences were directed to run concurrently. The first appellate court confirmed the said conviction and the sentences imposed by the trial court. Learned counsel for the petitioner further submitted that there were valid grounds to succeed in Revision. Both the Courts below had not considered the facts in a proper perspective and the petitioner was on bail during the trial. The petitioner was in custody since 22.02.2024 and prayed to suspend the execution of sentence imposed by the trial court.

Hence, considering the submission of the learned counsel for the petitioner, the petitioner is directed to be released on bail on executing a personal bond for Rs.20,000/- (Rupee twenty thousand only) with two (02) sureties for the like-sum each to the satisfaction of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Armoor.

__________ Dr.GRR,J ss