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2023 Supreme(Online)(TEL) 8464

[ 3230 ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO : PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI lA.No.1 of 2020 & lA.No. 1 of 2021 & lA.No. 1 of 2022 .i lN CRIMINAL APPEAL.No.115 of 2020 Between:

Bosaboina Ashok, S/o. B.Balaiah Petitioner/Accused in all the Petitions (Appellant in Crl.A.No.1 15/2020 on the file of the High Court)

J AND rhe state of reransana, rep by its Pubric Prose",1o#:l3,:fflllriiifr3?1,n,...

(Respondent in-do-)

lA.No. 1 of 2020:

Petition under Section 389(1) of Cr.P.C. praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court may be pleased to suspend the sentence of imprisonment passed in the judgment dt. 5-2-2020 in SC PCS No. 30 of 2019 passed by the Learned I Addl. Metropolitan Sessions Judge- cum-Special Judge for trial of cases under Protection of Children from Sexual Offences Act, Hyderabad, pending disposal of Crl.A.No. 11512020 on the file of the High Court.

lA.No. 1 of 2021 :

Petition under Section 389(1) of Cr.P.C. praying that in the circumstances stated in the grp\nds filed in the Ciiminal Appeal, the Hi6h Court may be pleased to grant ba! to thd.petitioner in Crl.A.No. 115 ol 2020 in the interest of justice, pending disposal of CrlAr.No. 1 15/2020 on the file of the High Court.

lA.No. 'l of 2022:

Petition under Section 389(1) of Cr.P.C. praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court may be pleased to grant bail to the petitioner in Crl.A.No. 115 of 2020 in lhe interest of .justice, pending disposal of Crl.A.No. 115/2020 on the file of the High Court.

These Petitions coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal and upon hearing the arguments of Sri K.Surender, Sri K.Sai Krishna Mohan Rao & Ms. Apurva M. Gokhale, Advocate for the Petilioner in all the Petilions and of the Asst. Public Prosecutor for the Respondent in all the Petitions, the Court made lhe following I i.

ORDER:

" These petitions are filed seeking to enlarge the petltioner/accused on bail by suspending the sentence of imprisonment imposed in S.C.PCs.No.30 of 2019 on the file of the I Additional Metropolitan Sessions Judge-cum-Special Judge for Trial of Cases Under Protection of Children From Sexual Offences Act, 2012, Hyderabad, dated 05-02-2020.

Heard learned counsel for the petitioner Ms. Apurva M.Gokhale and learned Assistant Public Prosecutor.

ln view of the findings of the Court below and the nature of offences committed by the petitioner/accused, this court is not inclined to suspend the sentence of imprisonment.

Accordingly, 1.A., is dismissed."

sD/- M.}4ANJUtx I I SSISTA. t,lT REGISI FJ.iR I // TRUE COPY //

SECTION.OFFICER To The I Addl. Ivletropolitan Sessions Judge-cum-Special Judge for trial of cases under Protection of Children from Sexual Offences Act, Hyderabad

2 Two CCs to the Public Prosecutor, High Court, Uyd(OUT)

One CC to Sri K.Surender, Advocate(OPUC)

4 One CC to Sri K.Sai Krishna Mohan Rao, Advocate o c)

5 One CC to Ms. Apurva M.Gokhale, Advocate(

6 One spare copy.

SAH HIGH COUR"

LKJ oATED: 22-0r'.-2022 NOTE: LIST THE APPEAL ON

20-04..12(t22 ORDER lA.No. 1 of 202t),'l of 2021 & 1 ol 2022 IN CRL.A.NO. 1 15 0F 2020

2B ftB IA IS DISMIS: E D

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