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Can Default Bail Be Cancelled On Merits Or Only For Violations Of Conditions? Supreme Court Reserves Judgment
Rintu Mariam Biju
5 Jan 2023 2:55 PM GMT
Today, the Supreme Court reserved its judgement in a plea moved by the Central Bureau of Investigation seeking the cancellation of default bail granted to Erra Gangi Reddy in connection with the YS Vivekananda Reddy murder case.Vivekananda Reddy, an Indian National Congress leader, was brutally murdered and found at his residence in Kadapa, Andhra Pradesh on 15 March 2019.A Bench of Justices...
Today, the Supreme Court reserved its judgement in a plea moved by the Central Bureau of Investigation seeking the cancellation of default bail granted to Erra Gangi Reddy in connection with the YS Vivekananda Reddy murder case.
Vivekananda Reddy, an Indian National Congress leader, was brutally murdered and found at his residence in Kadapa, Andhra Pradesh on 15 March 2019.
A Bench of Justices MR Shah and CT Ravikumar reserved the order after hearing the submissions of both parties.
The main question in today's discussion was whether the Court could go into the merits of the case for the cancellation of bail.
"Default bail can be canceled only as per Chapter 33(of CrPC). In that case, only on the eventuality of Sections 437 or 439 of the CrPC, bail can be canceled, not on merits", the Bench pointed out.
"It can, there is a three-judge bench decision. He has a right to be released on bail but not remain on bail", Additional Solicitor General KM Natraj, for CBI, argued.
Senior Advocate B. Adinarayana Rao, assisted and briefed by Advocate on Record Sumanth Nookala appeared for Reddy and countered these arguments.
Merits can't be gone into for cancellation of bail. These aspects can be gone into during the grant of bail and not for cancellation, he said. Reliance was placed on the judgment Aslam Babalal Desai vs State Of Maharashtra, 1992.
For cancellation of default bail, what is required is to be checked is whether any of the bail conditions have been violated, he added.
"Probe was transferred to the CBI earlier owing to the power of persons. In such a situation, when the chargesheet was not filed within 90 days, can the accused be granted bail? Suppose it was a triple murder case or a case of circumstantial evidence where 90 days were over. But after the probe, a strong case was made out. Then what will be the position?", the Court questioned Rao.
"The conduct of the accused will be now relevant to determine bail. Filing of chargesheet cannot mean reconsidering bail on merits which is the law as it stands", he said.
Case Title: State through CBI VS Gangi Reddy | SLP (Crl) No. 9573/2022
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