BATCHU RANGARAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The nine applicants, who are the accused in Sessions Case No.377 of 2010 on the file of the XI Additional District Judge, (Fast Track Court), Guntur at Tenali registered for the offences under Sections-147, 148 and 302 read with 149 of the Indian Penal Code on the file of Bhattiprolu Police Station, Guntur District, filed Criminal Appeal No.607 of 2011, which was admitted by this Court on 08.6.2011. At the time of filing of the appeal, the appellants have not filed application for grant of bail, obviously, knowing the convention/practise of this Court that in such appeals arising out of conviction for the offence under Section-302 Penal Code and sentencing of the accused for life, this Court seldom grants bails pending the appeals. However, interim applications for bail were filed by some of the appellants on special occasions such as performance of obsequies or marriage of their family members.

(2.) The present application is filed by all the appellants based on the judgment of the Supreme Court in Kashmira Singh Vs. State of Punjab (1977) 4 SCC 291, The appellants have pleaded that they have been undergoing imprisonment for the last 5 years, besides their being in jail for three months during the pendency of the trial and that, though the Criminal Appeal filed by them is ready for hearing, the same could not be taken up as, the Criminal Appeals pertaining to the year 2010 are still being heard. It is further pleaded that as the disposal of the Criminal Appeal filed by them is likely to take some more time, they and their family members will be put to a lot of suffering due to their prolonged incarceration pending the appeal.

(3.) Considering the afore-mentioned averments, this Court adjourned the case to enable the learned Public Prosecutors for the States of Andhra Pradesh and Telangana to ascertain the view of both the States. The relevant portion of the order passed by us on 26.10.2016, while adjourning the bail application, is reproduced hereunder: We prima facie feel that it is wholly unjust to incarcerate the life convicts for long number of years on the ground of pendency of Criminal Appeals. We have, therefore, called upon the learned Public Prosecutors for both the States to place before under Sec. the views of both the States with regard to the request of the convicts, who are serving the sentence for their release in Criminal Appeals pending for a number of years. Both of them have requested for an adjournment for reporting on this aspects.