The Supreme Court has said that release of an accused person on default bail will not act as an absolute bar for considering a plea for cancellation of bail on merits after presentation of charge sheet.
The Bench of Justice M.R. Shah and Justice C.T. Ravikumar have set aside the Telangana High Court order which had rejected the plea by the Central Bureau of Investigation (CBI) for cancellation of default bail which was granted to Erra Gangi Reddy in connection with the murder of a former Congress leader and Member of Parliament.
The Bench stated that the impugned judgment (of High Court) holding that bail cannot be cancelled, will give a premium to the lethargy or dishonesty of investigating forces.
The Court also said that it shall examine the merits of the case when accused was not released on merits earlier.
The Court,has therefore remanded the matter back to the High Court for fresh consideration.
The Court has ordered that the just because the charge sheet was not filed within the statutory deadline is not enough for making a strong case. Matter remanded to High Court to consider matter afresh in accordance with law and on merits.
The Court was finding answer to find whether a bail can be cancelled after presentation of charge sheet, when it was granted for not filing the charge sheet within 90 days.
The uncle of Andhra Pradesh Chief Minister YS Jaganmohan Reddy, was stabbed to death at his residence in Kadapa in March 2019.
In the year 2020, the case was transferred to CBI by the Andhra Pradesh High Court.
The Supreme Court transferred the trial in the murder case to a Special CBI Court in Hyderabad.
The present plea was moved by the CBI seeking cancellation of bail granted by the Telangana High Court.
The Central agency as represented by the Additional Solicitor General KM Nataraj,who argued that th Reddy did not have a right to remain released on bail, as precedent showed that bail pleas can be considered on merits in some cases even after release on default bail.
The top court agreed that Reddy had committed a non-bailable offence and his bail could be considered on merits. Thus,the case was remanded to the High Court for fresh consideration.
It was however clarified that the case would be heard by the Telangana High Court not the Andhra Pradesh High Court.
Nookala appeared for the accused.