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HIGH COURT FORTHE STATE OFTELANGANA, ATHYDERABAD
A. ABHISHEK REDDY, N. TUKARAMJI, JJ.
Battigari Shaker, S/o. Laxmaiah – Petitioner
Versus
The State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad – Respondent
IA No. 1 of 2022 In CRLA No 766 of 2015
Decided On : 19-12-2022
| Table of Content |
|---|
| 1. petitioner seeks bail after sentence (Para 1 , 4) |
| 2. arguments for bail based on good behavior (Para 2 , 3) |
| 3. court's reasoning against granting bail (Para 5) |
| 4. conclusion to dismiss bail application (Para 6) |
ORDER :
In the present application, the petitioner/appellant seeks to enlarge him on bail by suspending the sentence imposed on him in S.C.No.109 of 2015 vide judgment dated 08.07.2015, rendered by the learned Principal Sessions Judge, Medak at Sanga Reddy, pending disposal of the appeal.
2. Learned counsel for the petitioner/appellant has stated that the petitioner/appellant has already completed more than five years of sentence of imprisonment, as such, the petitioner/appellant may tle enlarged on bail in view of the judgment of this Court in Batchu Rangarao v. The State of Andhra Pradesh {2016(3) ALr sOs (D.BXA.P)).
3. Learned Public Prosecutor has produced before this Court the nominal roll of the petitioner/appellant.
4. A perusal of the impugned judgment of the trial Court passed in S.C.No.109 of 2015 shows that the petitioner/appellant has been convicted for the offences punishable under Sections 302 and 379 of INDIAN PENAL CODE and sentenced to undergo imprisonment for life.
5. Having regard to the above, though the conduct of the prisoner is satisfactory as per the nominal roll furnished by the learned Public Prosecutor and as the ease of the petitioner/appellant falls within the exceptions laid down in Batchu Rangarao's case(supra), we are not inclined to grant bail to the petitioner/appellant.
6. Accordingly, the present I.A. is dismissed.
Bail in serious offences requires consideration of the crime's gravity despite satisfactory prisoner conduct.
A person convicted for life and whose appeal is pending is entitled to apply for bail after undergoing a minimum of five years imprisonment following conviction, subject to good conduct in jail and c....
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