Think about CBI plea on bail cancellation: SC directs T’gana HC in former Andhra min’s homicide case | Newest Information India

The Supreme Courtroom on Monday directed the Telangana excessive courtroom to re-examine the petition of the Central Bureau of Investigation (CBI) in search of to cancel the bail granted to Tumma Gangi Reddy alias Yerra Gangi Reddy, one of many essential accused within the homicide of former Andhra Pradesh minister Y S Vivekananda Reddy in Kadapa district in March 2019.

Gangi Reddy was granted default bail by an area courtroom in Kadapa in October 2021 on technical grounds because the CBI, which is investigating the homicide case, did not file the cost sheet inside 90 days of registering the primary info report (FIR). Later, the state excessive courtroom additionally upheld the choice of the decrease courtroom.

Reacting to a petition filed by the CBI difficult the state excessive courtroom order, a division bench of the Supreme Courtroom, comprising justices M R Shah and C T Ravi Kumar, felt that the default bail may very well be cancelled based mostly on deserves, although it was granted to Gangi Reddy after the 90 days of submitting the cost sheet.

Setting apart an order of the excessive courtroom, which had rejected the CBI plea for cancellation of default bail, the Supreme Courtroom bench noticed that the discharge of an accused individual on default bail won’t act as an absolute bar to think about a plea for cancellation of bail on deserves after the presentation of the cost sheet.

It stated the excessive courtroom can’t be compelled to not think about the gravity of the offence or look at the deserves of the case when the accused was not launched on deserves earlier. The bench remanded the matter again to the excessive courtroom for contemporary consideration.

“Mere non-filing of chargesheet (inside statutory deadline) won’t be sufficient when a powerful case is made out. Matter remanded to Excessive Courtroom to think about the matter afresh in accordance with legislation and on deserves,” the Supreme Courtroom ordered.

Vivekananda Reddy, brother of former chief minister Y S Rajasekhar Reddy and uncle of current Andhra Pradesh chief minister Y S Jagan Mohan Reddy, was hacked to demise at his residence in Pulivendula of Kadapa district on the evening of March 15, 2019.

The case was initially investigated by a particular investigation workforce (SIT) of the state prison investigation division however was handed over to the CBI in July 2020, on a course from the state excessive courtroom based mostly on a petition from the deceased’s spouse Sowbhagyamma, daughter N Sunitha and others.

The CBI, which filed its cost sheet on October 26, 2021, named 4 individuals – Yerra Gangi Reddy, Y Sunil Yadav, G Uma Shankar Reddy and Shaik Dastagiri because the prime accused within the homicide of Viveka, because the slain MP was popularly recognized.

Nonetheless, the trial within the CBI courtroom at Kadapa made little progress, as among the witnesses and people dealing with costs filed non-public circumstances in opposition to the investigating officers. In her petition within the Supreme Courtroom this April, Sunitha stated these dealing with costs themselves are submitting circumstances in opposition to the CBI officers stating that the central company was harassing them.

Sunitha requested that the Supreme Courtroom monitor each stage of investigation by the CBI until it’s accomplished as there was a chance of the accused wiping out the proof and intimidating the CBI authorities.

On November 29, the Supreme Courtroom transferred the trial within the Vivekananda Reddy homicide case to a Particular CBI Courtroom in Hyderabad.