High Court for State of TelanganaCRLP/5548/2017partly allowed no costs

Gattu Venkateswara Rao v. State Of Andhra Pradesh

2017-07-06A.Shankar Narayana2 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.5548 OF 2017 ORDER:

This Criminal Petition is filed under Section 482 read with Section 389(1) of the Code of Criminal Procedure, 1973 (Code), seeking modification of the order dated 06.06.2017 in Criminal M.P. No.137 of 2017 in C.A. No.192 of 2017 passed by the learned IV Additional District and Sessions Judge, Nellore.

2. While dealing with a petition under Section 389(1) of the Code in an appeal preferred questioning the conviction recorded and the fine/compensation awarded, the learned Sessions Judge directed the petitioner to deposit half of the amount, out of the total compensation of Rs.3,72,000/- by 06.07.2017 in suspending the sentence till then subject to depositing the said amount.

3. Sri J. Pradeep Kiran, learned counsel for the petitioner, would seek to reduce the sum by further modification. He placed reliance on the order dated 24.08.2015 passed by a learned Single Judge of this Court in Criminal Petition No.5163 of 2015 and requests to reduce the sum to 1/4th.

4. Acceding to the request of the learned counsel, keeping in view, the circumstances projected by him, the order dated 06.06.2017 in Criminal M.P. No.137 of 2017 in C.A. No.192 of 2017, is modified

only to that extent directing the petitioner to deposit 1/4th out of the total compensation amount of Rs.3,72,000/- by 18.07.2017. Accordingly, the Criminal Petition is allowed in part to the extent indicated above.

___________________________ A. SHANKAR NARAYANA, J July 6, 2017.