[YS Vivekananda Reddy murder] Release on default bail no bar on cancellation of bail on merits after chargesheet presented: Supreme Court

The Supreme Court on Monday held that release of an accused person on default bail will not act as an absolute bar to consider a plea for cancellation of bail on merits after presentation of chargesheet [State through Central Bureau of Investigation vs T Gangi Reddy @ Yerra Gangi Reddy]. .A bench of Justices MR Shah and CT Ravikumar, therefore, set aside an order of the Andhra Pradesh High Court that had rejected a plea by the Central Bureau of Investigation (CBI) for cancellation of default bail granted to Erra Gangi Reddy in connection with the murder of YS Vivekananda Reddy, a former Congress leader and Member of Parliament." ... the view taken by the High Court in the impugned judgment and order that once an accused is released on default bail under Section 167(2) Cr.P.C., his bail cannot be cancelled on merits is accepted, in that case, 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."The bench underscored that when an accused had committed a serious, non-bailable offence, the Court cannot ignore, " ... 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 Courts have the power to cancel the bail and to examine the merits of the case 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." The Court, therefore, remanded the matter back to the High Court for fresh consideration, on merits." ... bail can be cancelled on merits and the Courts are not precluded from considering the application for cancelation of the bail on merits. However, mere filing of the chargesheet is not enough ... a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody." .The question before the court was whether bail can be cancelled after presentation of charge sheet, when it was granted for not filing the charge sheet within 90 days. .Reddy, the uncle of Andhra Pradesh Chief Minister YS Jaganmohan Reddy, was stabbed to death at his residence in Kadapa in March 2019.In 2020, the Andhra Pradesh High Court had transferred the investigation into the murder to the CBI.The Supreme Court had in November transferred the trial in the murder case to a Special CBI Court in Hyderabad. .The present plea was moved by the CBI seeking cancellation of bail granted by the Telangana High Court. Additional Solicitor General KM Nataraj, appearing for the central agency, had argued that Reddy did not have a right to remain released on bail, as precedent showed that bail pleas can be considered on merits in some cases even after release on default bail..The top court held that Reddy had committed a non-bailable offence and his bail could be considered on merits. Therefore, the case was remanded to the High Court for fresh consideration. Relying on a host of precedent, the judges made it clear that 'there is no absolute bar' in cancelling an accused's default bail. .However, it was clarified that the case would be heard by the Telangana High Court, not the Andhra Pradesh High Court, since the trial is taking place in Hyderabad. .Senior Advocate B Adinarayana Rao and advocate Sumanth Nookala appeared for the accused.Senior Advocate Siddhartha Dave appeared for the deceased's daughter. .[Read Judgment]