IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1762 of 2010 Date:01.10.2010 Between: M. Chandu @ Pondu Rangaiah .....Petitioner AND The State of A.P., rep. by its PP., High Court of A.P. ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1762 of 2010 ORDER: 1. This revision is directed against the order dated 18.08.2010 passed by the III Additional Sessions Judge, Tirupati in Crl.M.P.No.106 of 2010 in C.A.No.118 of 2010 whereby refused to grant bail to the petitioner herein. 2. The petitioner was tried by the II Additional Judicial Magistrate of the First Class, Tirupati in C.C.No.375 of 2007 for the offence punishable under Section 468 IPC. The trial court found him guilty of the said offence and accordingly vide its judgment dated 15.07.2010 sentenced him to undergo Rigorous Imprisonment for a period of six months and also to pay a fine of Rs.5,000/-, in default to suffer Simple Imprisonment for a period of three months. As the court which imposed such sentence is empowered to suspend the same, but the trial court suspended the sentence only upto 16.08.2010. As per the provisions of Section 381 Cr.P.C enabling the petitioner to approach the appellate court and obtain bail. 3. The appellant preferred an appeal in Criminal Appeal No.118 of 2010 and in that he filed Crl.M.P.No.106 of 2010 before the II Additional Sessions Judge, Tirupati under Section 389(1) Cr.P.C seeking suspension of sentence and consequently for grant of bail. But, the said application was taken up by the learned III Additional Sessions Judge, Tirupati on 18.08.2010 and as on the date when the said application for suspension of sentence was taken up by the appellate court for hearing, the petitioner was not in custody and hence, the said bail application was dismissed by the appellate court. 4. The learned counsel for the petitioner submitted that the appeal was filed on 12.08.2010 itself and to substantiate the same he has drawn the attention of this Court to the endorsement made by the lower appellate court with regard to the receipt of the said appeal. From a perusal of the papers filed by the petitioner, it appears that he filed the appeal on 12.08.2010 and this application seeking suspension of the sentence imposed by the trial court was also filed on 12.08.2010. The said fact is very clear from the documents produced by the petitioner. When once the appeal is field on 12.08.2010 itself for obvious reason the matter was taken up by the lower appellate court only on 18.08.2010 i.e., after one month period which was granted by the trial court. From this it cannot be said that there are latches on the part of the petitioner. When it is accepted that the appeal was filed before the lower appellate court on 12.08.2010 i.e., within the time and the court does not take up the said appeal and the petitioner also filed an application under Section 389(1) Cr.P.C, it cannot be said that the petition filed by the petitioner under Section 389(1) Cr.P.C shall be dismissed. 5. In those circumstances, this revision petition is allowed and the petitioner is ordered to be released on bail on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for like sum each during the pendency of the Criminal Appeal No.118 of 2010 filed against the judgment dated 15.07.2010 in C.C.No.375 of 2007 on the file of II Additional Judicial Magistrate of the First Class, Tirupati. 6. Accordingly, the criminal revision petition is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J October 01, 2010 GK. THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1762 of 2010 Date: 01.10.2010 Gk.