A bench of Justices MR Shah and CT Ravikumar, therefore, set aside an order of Telangana High Court which 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 impugned judgment (of High Court) holding that bail cannot be cancelled, will give a premium to the lethargy or dishonesty of investigating forces. Court cannot be compelled to not consider the gravity of the offence or examine the merits of the case when accused was not released on merits earlier,” the bench underscored.
The Court, therefore, remanded the matter back to the High Court for fresh consideration.
“Mere non filing of charge sheet (within statutorydeadline) will not be enough when strong case is made out. Matter remanded to High Court to consider matter afresh in accordance with law and on merits,” the Court ordered.
Source: Barandbench
