ORDER :

The instant petition under Sections 437 and 439 read with Section 389(2) of Code of Criminal Procedure, 1973[for short "the Code"] has been filed by the Petitioner/Accused to release him on bail by suspending the execution of sentence passed in C.C.No.916 of 2016 by the Court of Judicial Magistrate of First Class, Dhone, dated 01.11.2023, pending disposal of Criminal Appeal No.167 of 2023 on the file of the Court of I Additional Sessions Judge, Kurnool.

2. The facts that led to filing of the present petition, in brief, are as follows:

a. A case in C.C.No.916 of 2016 on the file of the Court of Judicial Magistrate of First Class, Dhone, was registered against the Petitioner for the offences punishable under Sections 468, 409 and 420 of Indian Penal Code, 1860[for short "IPC"] and after completion of trial, on hearing both sides and on appreciation of evidence, the learned Magistrate convicted the Petitioner/Accused and sentenced him to undergo simple imprisonment for two years and also to pay fine of Rs.10,000/-, in default, to undergo simple imprisonment for one month, for the offence punishable under Section 409 IPC. Petitioner was also convicted and sentenced to undergo simp