SC asks Telangana HC to consider afresh CBI's plea seeking cancellation of bail to Gangi Reddy in murder case of former minister

New Delhi [India], January 16 : The Supreme Court on Monday asked Telangana High Court to consider afresh on merit, CBI's plea seeking cancellation of bail to Gangi Reddy in connection with the murder case of former Andhra Pradesh Minister YS Vivekananda Reddy.
A bench of justices MR Shah and CT Ravikumar observed that in a case where an accused is released on default and thereafter on the filing of the chargesheet, a strong case is made out from the chargesheet, his bail can be cancelled on merits.
"The issue involved in the present appeal is answered in the affirmative and it is observed and held that in a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on the filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancellation of the bail on merits. However, the mere filing of the chargesheet is not enough, but as observed and held hereinabove, on the basis of the chargesheet, a strong case is to be made out that the accused has committed a non-bailable crime and he deserves to be in custody," the court said.
The court also said, "As the High Court has not at all considered on merits the application for cancellation of the bail, the matter is to be remitted to the High Court for considering the said application afresh in accordance with law and on merits and in light of the observations made hereinabove."
"As pursuant to the earlier judgment and order passed by this Court dated November 29, 2022, in Writ Petition (Criminal) No. 169 of 2022, the trial of the FIR in the present case has been ordered to be transferred to the C.B.I. Special Court, Hyderabad, the proceedings of the cancellation of the bail application, which was earlier filed before the High Court of Andhra Pradesh at Amravati are ordered to be transferred to the High Court of Telangana at Hyderabad and now the High Court of Telangana to consider, decide and dispose of the application for cancellation of the bail on merits and in light of the observations made hereinabove," the court said.
The top court was hearing the CBI plea challenging the judgment and order dated March 16, 2022, passed by the High Court of Andhra Pradesh at Amravati.
The High Court of Andhra Pradesh at Amravati has dismissed the petition preferred by the Central Bureau of Investigation (CBI) seeking to cancel the bail that was granted to respondent T Gangi Reddy alias Yerra Gangi Reddy.
The case pertains to the deceased YS Vivekananda Reddy, a former MLA, former Member of Lok Sabha; former Member of AP Legislative Council, who was found dead in his house on March 15, 2019.
Initially, a case was registered by the local police in Pulivendula. Subsequently, a case under Section 302 read with Section 120-B of the Indian Penal Code was registered. A special Investigation Team was constituted by the State.
The SIT took over the investigation. During the course of the investigation, the concerned State Police Agency arrested the respondent accused on March 28, 2019. The statutory period of 90 days lapsed on June 26, 2019.
On the very next day of lapsing of 90 days, the respondent accused filed a bail application for default bail, which was allowed by a local court in Pulivendula on June 27, 2019. The accused was released on bail as per the order.
Subsequently and pursuant to the order passed by the High Court dated March 11, 2020, an investigation in the case was given to CBI, which alleged that the investigation revealed that
a conspiracy was hatched between four accused along with some other persons to kill the deceased and there were some influenced persons behind the said conspiracy.
CBI filed the initial chargesheet on October 26, 2021, and named the accused. Thereafter the CBI filed an application before the Special Court for cancellation of the bail granted to the respondents, which came to be dismissed by the learned Trial Court vide order dated November 30, 2021.
Thereafter, CBI moved to the High Court which also rejected the agency's plea.