SC directs AP HC to reconsider plea to cancel bail of Viveka’s murder accused
New Delhi: A two-judge bench of the Supreme Court directed the Andhra Pradesh High Court to reconsider afresh a petition filed by the CBI seeking cancellation of bail to T. Gangi Reddy, one of the accused in the murder of Vivekanand Reddy, brother of late Y.S. Rajasekhar Reddy.
The bench, comprising Justice M.R. Shah and Justice R.V. Ravikumar, allowed the appeal filed by the Central Bureau of Investigation (CBI) and ruled that the grant of default bail does not mean that bail cannot be cancelled.
The bench — while observing that mere filing of a chargesheet is not
sufficient grounds to cancel the bail — said that if a strong case is made out and is found that the accused has committed a non-bailable offence or crime, the bail can be cancelled on the merits.
The bench further opined that there was no absolute bar as observed and held by the High Court in the impugned judgment and order that once a person is released on default bail, his bail cannot be cancelled on merits, and that the bail can be cancelled on other general grounds, like tampering with the evidence/witnesses, not cooperating with the investigating agency and/or not cooperating with the concerned trial court, etc.
The top court faulted the Andhra Pradesh High Court for not considering the various aspects on merits and laid down the law on the subject.
