Back
CHILLAKUR SUMALATHA
State through CBI – Appellant
Versus
T. Gangi Reddy @ Yerra Gangi Reddy, S/o. Peda Gangi Reddy – Respondent
ORDER :
1. This matter came up for consideration before this Court basing on the application initially filed before the High Court of Andhra Pradesh at Amaravathi by the Central Bureau of Investigation (hereinafter referred to as “the CBI” for brevity) seeking cancellation of bail that was granted in favour of accused No.1 (respondent No.1 herein) in RC.No.04(S)/2020/SC-III/New Delhi. The High Court of Andhra Pradesh which dealt with the matter through orders, dated 16.3.2022, exhibiting an opinion that there are no legal grounds to cancel the bail that was granted in favour of accused No.1 (respondent No.1 herein), dismissed the application, vide Criminal Petition No.788 of 2022.
2. CBI carried the matter in appeal to the Hon’ble Supreme Court. The Hon’ble Supreme Court rendered judgment on 16.01.2023 in Criminal Appeal No.37 of 2023, remitting the matter back to the High Court for considering the application moved by the CBI afresh in accordance with law and on merits in the light of the observations made by it. The Hon’ble Supreme Court, in pursuance of the earlier judgment and the
Cancellation of bail – Interference or attempt to interfere with due course of investigation or administration of justice is one of prominent factors for cancellation of bail.
Point of Law : Right of the accused to claim bail on account of default committed by the prosecuting agency in completing the investigation within the time stipulated in the statute is a statutory ri....
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
The main legal point established is that the grounds for granting and cancelling bail should consider the seriousness of the offence, nature of evidence, and likelihood of interference with justice.
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
