NEW DELHI: The Supreme Court on Monday held that the default bail granted to an accused under Section 167 (2) of the Criminal Procedure Code can be cancelled, if a strong case is made out against him on filing of a charge sheet.
A bench of Justices M R Shah and C T Ravikumar allowed an appeal by the CBI against the Andhra Pradesh High Court's judgement of March 16, 2022, which had rejected the plea by the probe agency to cancel the default bail granted to T Gangi Reddy alias Yerra Gangi Reddy in murder case of Y S Vivekananda Reddy.
The deceased was a former minister and uncle of current Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy. He was found dead under mysterious circumstances at his home in Pulivendula on March 15, 2019. In March, 2020, the case was handed over to the CBI by the High Court.
On CBI's plea, the accused here defended the High Court's judgement which said once default bail is granted, it cannot be cancelled. Subsequent filing of the charge sheet can be no ground to cancel the bail, senior advocate B Adinarayana Rao said on behalf of the accused.
If this is accepted, the bench said, "it will be giving a premium to the lethargic and/or negligence, may be in a given case of deliberate attempt on the part of the investigating agency not to file the chargesheet within the prescribed time period."
In its judgement, the top court ruled, "The courts have the power to cancel the bail and to examine the merits in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice."
Appearing for the CBI, Additional Solicitor General K M Nataraj said that the default bail is granted on failure of the investigating agency to file the charge sheet within the stipulated time.
The purpose of the proviso to Section 167(2) is to impress upon the need for expeditious investigation within the prescribed time limit and to prevent laxity in that behalf. The object is to inculcate a sense of its urgency and on default the magistrate shall release the accused if he is ready and does furnish bail. Therefore, an order for release on bail under proviso to Section 167(2) CrPC is not an order on merits but an order on default of the prosecuting agency.
In the present case, the bail was granted to the accused -respondent herein under proviso to Section 167(2) on the default of the State Police in completing the investigation within the prescribed limit and the lackadaisical approach of the State Police was also the reason for transfer of the investigation to the CBI, Nataraj said.
Agreeing to the CBI counsel's submission, the bench said, to say that "Even if a strong case is made out on filing a charge sheet for a very serious offence and non-bailable crime, the court cannot cancel the bail and commit the person into custody and not to consider the gravity of the offence committed by the accused, the courts will be loathe for such an interpretation, as that would frustrate the justice."
The court remitted the matter back to the High Court for a fresh consideration. It said since the trial had earlier been shifted to Hyderabad, the matter would be heard by Telangana High Court.
