G A Jayarama Naidu, v. A Dhananjaya

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.3025 of 2015 ORDER :

Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the condition imposed by the I Additional Sessions Judge, Chittoor in the order dated 23-11-2015 in Crl.M.P.No.919 of 2015 in C.A. No.407 of 2015 in C.C.No.183 of 2013, whereby the lower appellate Court, suspended the sentence of imprisonment imposed by the trial Court on the same terms and conditions imposed by the trial Court and also on further condition that the petitioner/accused should deposit a sum of Rs.75,000/- and to furnish security for remaining compensation amount within one month from the date of the order.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the material available on record.

The learned counsel for the petitioner submits that the petitioner herein is aged about 68 years suffering from old age ailments and the petitioner has got good case in appeal.

Considering the facts and circumstances of the case, the Criminal Revision Case is allowed setting aside the order dated 23-11-2015 passed in Crl.M.P.No.919 of 2015 in C.A.No.407 of 2015 by the I Additional Sessions Judge, Chittoor, insofar as imposing a condition that the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) and to furnish security for remaining compensation amount within one month from the date of the order. The rest of the order remains unaltered.

Miscellaneous petitions pending in this revision, if any, shall stand closed.

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JUSTICE RAJA ELANGO 07th December, 2015 skmr