S.Hanumantha Naidu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1101 OF 2015 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 21.05.2015, passed in Crl.M.P.No.65 of 2015 in Criminal Appeal No.137 of 2015 on the file of the X Additional Sessions Judge, Tirupati, whereby the lower appellate Court suspended the sentence of imprisonment on condition of the petitioner depositing one-fourth of the fine amount imposed by the trial Court. Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is unable to deposit one-fourth of the fine as imposed by the Court below as he is financially incapacitated. He further submitted that the petitioner has not received the mandatory notice. He prays this Court to set aside the condition of he petitioner depositing one-fourth of the fine amount.

Considering the facts and circumstances of the case, the condition imposed by the lower appellate Court that the petitioner shall deposit the one-fourth of the fine amount is hereby set aside and the remaining part of the Order of the lower appellate Court is confirmed. With the above observations, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 25.06.2015 pln