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2025 Supreme(Online)(AP) 15063
HIGH COURT OF ANDHRA PRADESH
DR. Y. LAKSHMANA RA, J
Gubbala Naga Satyanarayana @ sathibabu – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL REVISION CASE NO: 879 OF 2025
For the Appellants/Petitioners: Sri Veerla Sateesh Kumar
For the Respondents: Public Prosecutor
The court allows the accused to surrender and seek bail due to their absence during the appellate judgment, ensuring the right to a fair trial.
Headnote:(A) Criminal Revision under Sections 438 & 442 of BNSS - Appeal against conviction - The petitioner wasn't present during the appellate court's judgment - Petitioner permitted to surrender and apply for bail within two weeks - Condition for bail involves executing a personal bond. (Paras 8-9)
(B) Suspension of Sentence - The High Court may suspend the sentence during the disposal of the revision case. (Para 10)
Facts of the case:
The petitioner sought to appeal a conviction, arguing they were not present during judgment.
Findings of Court:
The court acknowledged the absence of the accused during the judgment and allowed for a surrender and bail application.
Issues: The main issue involved whether the conviction made in absence was valid.
Ratio Decidendi: The court emphasized the pros and cons of allowing bail pending revision outcomes, enabling fundamental rights under the circumstances.
Result: Admit and post the matter after one month.
| Table of Content |
|---|
| 1. petitioner's absence during conviction (Para 1 , 2) |
| 2. argument for bail due to conviction absence (Para 3) |
| 3. court recognizes impact of absence (Para 4 , 5 , 6) |
lN THE HIGH COURT OF ANDHRA PRADESH AT AMAI MONDAY, THE EIGLiTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE I :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL REVISION CASE NO: 879 OF 2025 Between :
Gubbala Naga Satyanarayana @ sathibabu, s/o venkata Ramana, Hindu, aged 33 years, Pulgurtha Village, Anaparthi Mandal.
...Appellant/Accused •AND
1. The State of Andhra Pradesh,` rep.by its Public Prosecutor., High Court a{ Amaravathi Velag.a.ptidi, Amaravathi, Guntur District.
2. Chollangi Srinivas, S/o Paraclesi, aged 32 yearsl C/Setti-Balaji, D.no.
18_172,1st Street, Agraharam, Dowlaiswaram (v), Rajamahendravaram Rural ;
...Respondents Revision filed under Sections 438 & 442 of BNSS (Under Section
397 & 401 of Cr.P.C) is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Revision Case, the High Court may be pleased to allow the present criminal Revision by setting-aside the Judgment in Criminal Appeal Not._95 of 2023 dated: 16.07.2025 on the file of the VIII Addl. District and S?sS,j€ms Judge Gum Spl. Judge for Trial of Offences against Women, East GQdaVari District at Rajamafiendravaram in confirming the sentence passed by the principal Assistant Sessions Juclge, East Godavari District at Rajamahendravaram in S.C.No. 175 of 2021 dated: 14.02.2023;
-.-|` i+ + .
IA NO: 2 OF 2025:
Petition under Section 438 `(,J1-)I.of BNSS , 2023 is filed praying that in the circumstances stated in the':;a.;'`memOrandum Of grounds Of Criminal revision case, the High Court may be pleased to suspend the sentence in Judgment in Criminal Appeal N6.95 of 2023 dated: 16.07.2025 on the file of the VllI Addl. District and Sessions Judge Gum SpI. Judge for Trial of Offences against Women, East Godavari District at Rajamahendravaram in confirming the sentence passed by the Principal Assistant Sessions Judge, East Godavari District a.t'`Rajamahendravaram in S.C.No.175 of 2021. dated.'14.02.2023, pendi.ng.:'d.i§posal of CRLRC.No.879 of 2025, on the file of the High Court.
The petition coming on fori''_h.earing, upon perusing the Petition and the memorandum of grounds of`'criminal petition and upon hearing the arguments of Sri Veerla Sateesh,-Kumar, Advocate for the Petitioner and Public Prosecutor for the Responc!,ent No.1, the Court made the following;
ORDER:
f£Admit.
Issue notice to 1:he respoH.dent No|2.
The learned counsel for.:1.:±he Petitioner iS Permitted 1:o take out personal notice on the respQ`n.Qle,r!:t, No|2 and fj[e proof to that effect|
Heard the learned collnSe[ for the Petitioner.
The 'petitioner/Accused'..vyas not present when the learned AppeI[ate Court passed the iud.g.ment and confirming the conviction imposed by the ['earned Trial CourtI The petitioner/Accused`-;i.§ permitted to surrender before the learned Principal Assistant Se,ssions Judge, East Godavari District at Rajamahendravaram, within a period of two (02) weeks from this date.
On such surrender an`d filing of an application seeking enlargement on bail, the learned.rPrjncipal Assistant Sessions Judge, East Godavari District at RajamahendravarJTl, Shall release the petitioner on bail, subject to hi§i'JexecutI-ng a Personal bond for a sum of Rs.10,000/-(Rupees Ten Tholisand only) with two sureties for a like sum each to the satisfactioh of the learned PrincI-Pal Assistant Sessions Judge, East Godavriirfi District at RaJ-amahendraVaram, On the same day itself. `;\i`'' i Post the matter after ome, (oS ) month."
SD/-G.HELANAIDU ASSISTANT R //TRUE COPY//
SECTION OF Fort To, 1. The Principal Assistant Sessions Judge, East Godavari District at Rajamahendravaram
2. The VIII Addl. District and §LeSSiOnS Judge Gum Spl. Judge for Trial of Offences against wome-n,£z East Godavari District at Rajamahendravaram w
3. Chollangi Srinivas, S/o Paradesi, , C/Setti-Balaji, D.no.18_172,1st Stree
