SC: Default bail can be canceled on merits after submission of charge sheet


NEW DELHI: The Supreme Court docket on Monday held that default bail granted to an accused might be canceled on deserves — if a robust case is made out on submitting of a cost sheet — as there can’t be a premium on torpid probe.

A bench headed by Justice MR Shah directed the Telangana Excessive Court docket to contemplate on deserves the CBI’s plea for cancellation of bail to Erra Gangi Reddy in reference to the homicide of former Andhra Pradesh minister YS Vivekananda Reddy, uncle of Chief Minister YS Jagan Mohan Reddy. He was discovered murdered at his residence in Pulivendula on March 15, 2019.

The bench, additionally comprising Justice CT Ravikumar, famous that mere non-filing of the cost sheet (inside the deadline) is not going to be sufficient when a robust case is made out in opposition to the accused. The apex court docket remanded that matter again to the excessive court docket to contemplate it afresh in accordance with regulation and on deserves.

The highest court docket noticed that the excessive court docket judgment — which held that default bail can’t be canceled on deserves — would give a premium to the lethargy of investigating companies.

The highest court docket was contemplating whether or not bail might be canceled after presentation of the cost sheet, when the bail was granted for not submitting the cost sheet inside 90 days.

The bench famous that mere submitting of cost sheet is not going to end in cancellation except a robust case is made out that the accused has dedicated a non bailable offence. The detailed judgment within the matter will likely be uploaded later.

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