Central Bureau of Investigation V. Vijay Sai Reddy, Criminal Appeal No. 729 of 2013 (Arising
out of SLP (Crl.) No. 5946 of 2012) Decided on May 9, 2013
The
Hon’ble Court held that:
“It is settled by a
series of decisions that if irrelevant materials have been taken into account
or relevant materials have been kept out of consideration, the order granting
bail to the accused cannot be sustained. In the same way, if there is specific
allegation by the prosecution that the accused in question was a party to the
criminal conspiracy, neither the Special Court nor the High Court is justified
in granting bail to the said person”. [Para 9]
On
the facts of the case the court noted:
“It is true that the
Special Judge while granting bail imposed certain conditions and the High Court
has also added some more additional conditions, however, taking note of few
instances in which how the respondent has acted, it cannot be possible for the
investigating agency to collect the remaining materials for the remaining three
charge sheets to be filed. In such circumstances, we are satisfied firstly the
Special Court took irrelevant materials for consideration for grant of bail and
secondly, the High Court having arrived definite conclusion that several
findings of Special court are unacceptable or irrelevant but ultimately affirmed
the very same order of the special Judge granting bail”. [Para 27]
As
regards to the principle relating to cancelation of bail, the Court noted:
“Taking note of the fact
that cancellation of bail necessarily involves the review of a decision already
made, it should always be exercised very sparingly by the court of law”. [Para
30]
The
Court noted following case laws:
State of U.P. through CBI vs. Amarmani Tripathi, (2005) 8
SCC 21,
Dinesh M.N. (S.P.) vs. State of Gujarat, (2008) 5 SCC 66,
Narendra K. Amin (Dr.) vs. State of Gujarat and Another,
(2008) 13 SCC 584
State of Maharashtra and Others vs. Dhanendra Shriram Bhurle
and Others, (2009) 11 SCC 541,
Central Bureau of Investigation, Hyderabad vs. Subramani Gopalakrishnan and Another, (2011) 5 SCC 296
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