Supreme Court orders the High Court to re-examine C.B.I’s plea on bail cancelation in Andhra M.L.A's murder case

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The Supreme Court bench comprising M.R. Shah and C.T. Ravikumar remitted the petition of the CBI (Central Bureau of Investigation) to the High Court for considering the application afresh in accordance with the law. The petition of the C.B.I. was seeking to cancel the bail granted to one of the main accused (Tumma Gangi Reddy alias Yerra Gangi Reddy) in the murder of former Congress M.L.A. (Y S Vivekananda Reddy) in Kadapa district in March 2019. During the course of the investigation, the concerned State Police Agency arrested the respondent and was remanded to judicial custody. On the very next day of lapsing of 90 days, the respondent filed a bail application for default bail which was allowed by the learned JMFC.

Investigation of the crime was entrusted to the appellant (C.B.I.), who filed an application before the Special Court under Section 439(2) Cr.P.C. for cancelation of the bail granted to the respondents, which came to be dismissed by the learned Trial Court. C.B.I. filed the Criminal Petition before the High Court for cancellation of bail granted to the respondent which was rejected on the ground that once the respondent was released on default bail under Section 167(2) Cr.P.C, thereafter, the bail cannot be canceled on merits. Feeling dissatisfied with the impugned judgment of HC, the C.B.I. approached the Supreme Court with the present appeal. The top Court stated that “when special reasons/grounds are being made out from the chargesheet and the chargesheet reveals the commission of a non-bailable crime, the bail in favor of a person, who has been released on default bail under Section 167(2) Cr.P.C. can be canceled considering Section 437(5) and Section 439(2) Cr.P.C.”

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The Apex court illustrated that on mere filing of the chargesheet subsequent to a person's release on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person, who is released on default bail. The court further highlighted that “On the filing of the chargesheet on conclusion of the investigation, if a strong case is made out and on merits, it is found that he has committed a non-bailable offence/crime, on the special reasons/grounds and considering Section 437(5) and Section 439(2) Cr.P.C, over and above other grounds on which the bail to a person, who is released on bail can be canceled on merits.” Therefore, the impugned judgment and order passed by the Telangana High Court, dismissing the application for cancellation of the bail filed by the C.B.I. under Section 439(2) Cr.P.C, deserves to be quashed and set aside. The Hon'ble Judge of the Supreme Court then allowed the appeal. 

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