LAWS(APH)-2020-3-37

A.ERESHA Vs. STATE OF ANDHRA PRADESH

Decided On March 05, 2020
A ERESHA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C questioning the order dated 26-02-2019 passed in Crl.M.P. No.90 of 2020 in Crl. Appeal No.15 of 2020 on the file of the II Additional Sessions Judge, Kurnool at Adoni, whereby the petitioner was directed to deposit 25% of the compensation amount of Rs.5,00,000/- imposed by the trial Court within one week from the date of the order for his release on bail on execution of a bond for Rs.10,000/- each with two sureties each for like sum to the satisfaction of the trial Court.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent/ State.

(3.) The petitioner is the sole accused in C.C.No.417 of 2015 on the file of the I Additional Judicial Magistrate of First Class, Adoni. He was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and he was convicted for the said offence and was sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs.5,00,000/- within two months from the date of the judgment. Aggrieved thereby, he has preferred an appeal to the Court of II Additional Sessions Judge, Kurnool at Adoni. Along with the appeal, he has filed a petition under Section 389(1) of Cr.P.C seeking suspension of execution of sentence imposed against him. The said petition is disposed of by the impugned order by the learned II Additional Sessions Judge, Kurnool at Adoni, suspending the execution of sentence till the disposal of appeal and ordered to release the petitioner on bail on condition that the petitioner shall deposit 25% of the compensation amount of Rs.5,00,000/- as ordered by the trial Court within one week from the date of the order, on execution of a bond for Rs.10,000/- with two sureties for like sum to the satisfaction of the trial Court.