NEW DELHI: The Supreme Court on Friday suspended the Telangana High Court's order directing the special judge for CBI cases, Hyderabad, to enlarge Yerra Gangi Reddy, an accused in the murder of former Andhra Pradesh minister Y S Vivekananda Reddy, on bail on July 1.
A vacation bench of Justices J K Maheshwari and Justice P S Narasimha posted the plea filed by Suneetha Nareddy, daughter of Vivekananda Reddy, against the HC's order of April 27 for consideration on July 14.
Appearing for the petitioner, senior advocate Sidharth Luthra submitted that the CBI has stated that the high court has no power under Section 482 of CrPC to grant such an advance bail and it is a bad precedent.
Additional Solicitor General Sanjay Jain, representing the CBI, had earlier claimed, We have never heard of it that the order which cancels the bail, allows the bail. How is it possible?
He claimed the order was "inherently contradictory".
The bench said that the operative part of the high court order which directed the CBI court, Hyderabad, to enlarge the petitioner on bail on July 1, 2023, shall remain stayed until the next date of hearing.
"Re-list on 14.07.2023. Till then, the direction issued in the impugned order dated 27.04.2023, The Court of Principal Special Judge for CBI Cases, Hyderabad, is directed to enlarge the petitioner on bail on 01.07.2023 shall remain stayed," the bench said in its order.
Senior advocate Aman Lekhi appeared for accused Yerra Gangi Reddy.
The Telangana High Court on April 27 cancelled the bail of Yerra Gangi Reddy, the prime accused in the case. It directed him to surrender before the CBI court by May 5. The court also clarified that if the accused failed to surrender, the CBI may arrest him.
It, however, said that as the CBI is scheduled to complete the hearing on June 30, Gangi Reddy may be granted bail on July 1.
Notably, the Supreme Court has recently extended the deadline for completing the investigation into the sensational case related to the murder of uncle of current Chief Minister Y S Jagan Mohan Reddy till June 30.
Vivekananda Reddy, brother of former Chief Minister Y S Rajasekhara Reddy, was murdered at his residence in Pulivendula of Kadapa district on March 15, 2019, weeks before elections. The 68-year-old was alone at his house when unidentified persons barged in and killed him.
In 2020 on the direction of Andhra Pradesh High Court, the CBI has taken over the probe. The Supreme Court also transferred the case from Andhra Pradesh to Hyderabad in Telangana on a plea by Suneetha.
[Read Order]
