Nelakanti Joseph Thambi v. The State Of Telangana,

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE: Crl.A.No.332 of 2026 PROCEEDING SHEET Sl.

No.

DATE

ORDER

OFFICE NOTE 02.

08.04.2026 SKS, J I.A.No.1 of 2026 This Interlocutory Application is filed with a prayer to suspend the sentence and judgment against the petitioner dated 26.03.2026 passed in S.C.No.38 of 2023 by the learned I Additional Sessions Judge, Warangal. The accused was convicted for the offences under Sections 376(2)(n) and 417 IPC and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs.5,000/- for the offence under Section 376(2)(n) IPC, in default to undergo one month simple imprisonment, and further sentenced to six months rigorous imprisonment for the offence under Section 417 IPC; both sentences shall run concurrently, with set-off of remand period under Section 428 Cr.P.C.. Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

Learned counsel for the petitioner submitted that he is having good grounds to succeed in the appeal and the final hearing of the appeal may be taken

Crl.A.No.332 of 2026 considerable time. Therefore, he prayed the Court to allow this petition.

On the other hand, the learned Additional Public Prosecutor appearing for respondent, opposed the bail petition, contending that there is no illegality in the order of the trial Court and that the trial Court has rightly passed the impugned order. Therefore, while advocating that there is ample evidence on record against the petitioner, he prayed the Court to dismiss the petition.

Perused the contents of the affidavit filed in support of the petition.

Having regard to the rival submissions and on perusal of the material on record, this Court finds that the petitioner has made out a prima facie case for suspension of judgment, particularly in view of the grounds urged in the appeal.

Considering the facts and circumstances of the case, this Court is of the view that the sentence of imprisonment can be suspended pending disposal of the criminal appeal, subject to conditions.

In the result, the sentence imposed on the petitioner/accused dated 26.03.2026 passed in S.C.No.38 of 2023 by the learned I Additional Sessions

Crl.A.No.332 of 2026 Judge, Warangal, is hereby suspended pending disposal of the criminal appeal, subject to the petitioner executing a personal bond of Rs.25,000/- (Rupees Twenty-Five Thousand Only) with two sureties of the like sum each, to the satisfaction of the I Additional Sessions Judge, Warangal.

During bail, the petitioner/appellant/ accused shall not indulge in any criminal acts, and in case of failure to do so, the respondent - State is at liberty to file petition for cancellation of bail.

Accordingly, this Interlocutory Application is allowed.

Crl.A.No.332 of 2026 ADMIT.

List on 24.06.2026.

In the meantime, Registry is directed to call for record from the trial Court and prepare paper book and place before this Court.

_______ SKS, J SAI