Andhra Pradesh High Court: In an application was filed by the petitioner/appellant/accused 2 under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release on an interim bail by suspending the sentence of imprisonment imposed by the Additional District and Sessions Judge, Tirupati, a Division bench of V. Sujatha, and K. Suresh Reddy, JJ., granted interim bail for a limited period of 17 days commencing from 21-06-2025 to 07-07-2025 subject to certain conditions.
The case arose from the conviction of the petitioner-appellant (Accused 2), who had been found guilty under Section 302 of the Penal Code, 1860 by the X Additional District and Sessions Judge, Tirupati, consequent to which, he was taken into custody and lodged in Central Prison, Kadapa, to serve the sentence of imprisonment. Aggrieved by the judgment of conviction and sentence, the petitioner preferred a criminal appeal before the High Court of Andhra Pradesh, which was admitted.
While the appeal was pending, the petitioner filed an interim application under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking interim bail. The basis of the request for interim relief was that the petitioner is a student enrolled in the five-year integrated B.Com LL.B program at Anantha College of Law, Tirupati. He had been unable to appear for his X Semester examinations, scheduled in June 2024, due to his incarceration following conviction. The petitioner submitted that the X Semester examinations were now scheduled to be held from 23-06-2025 to 02-07-2025, with the viva-voce component to be held between 27-06-2025 and 05-07-2025. The petitioner further claimed that apart from the X Semester, he had cleared all prior semesters and had no academic backlogs. Thus, he urged the Court to grant interim bail so he could attend the examinations and viva-voce.
The Court acknowledged that the petitioner, though convicted under Section 302 IPC, was a law student who had no academic arrears except for the pending X Semester. The Court emphasized that to serve the ends of justice and considering the petitioner’s pursuit of legal education, it was inclined to grant interim bail for a limited duration to enable him to complete his final semester obligations.
Accordingly, the Court allowed the interim bail application, granting the petitioner 17 days of interim bail from 21-06-2025 to 07-07-2025 (both days inclusive). The interim bail was conditional upon execution of a personal bond of ₹10,000/- with one surety for a like sum, to the satisfaction of the Superintendent, Central Prison, Kadapa. The petitioner was also directed to surrender before the said Superintendent by 5:00 PM on 07-07-2025 without fail.
[Murali Jai Ganesh v. The State of Andhra Pradesh, 2025 SCC OnLine AP 2427, decided on 19-06-2025]
