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Friday, May 10

Irrelevant materials taken in account while granting the bail, Bail cannot sustain -SC


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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