Express News Service
NEW DELHI: The Supreme Court on Wednesday questioned the Telangana HC’s unusual order of cancelling the bail of T Gangi Reddy, prime accused in the murder of former minister YS Vivekananda Reddy in 2019, and also granting him bail in the same order.
“How can the court pass an order to cancel the bail to a murder accused and then order the release of the accused on bail in the same order. The High Court has cancelled the bail. The accused may apply for regular bail. But how can the last portion of the order be passed after cancelling bail,” a bench of Justices PS Narasimha and Pankaj Mithal remarked, while considering a plea filed by YS Vivekananda Reddy’s daughter Suneetha Narreddy challenging the Telangana HC’s April 27 order.
Supporting Suneetha’s plea, ASG Sanjay Jain for CBI said the HC’s order was 8th marvel in bail jurisprudence. He also said, “This kind of order is itself an 8th marvel in bail jurisprudence and we have never heard of. The order, which cancels the bail, allows the bail. It is inherently contradictory and annihilates the whole order.”
For Gangi Reddy, senior advocate Dana Naidu told the court that Gangi Reddy had appeared before the CBI 100 times. “He did get default bail, once the CBI took over the investigation,” he said. He also told the court that Gangi Reddy had also challenged the HC’s order of cancelling the bail, which was granted by a court in Pulivendula of Kadapa district. On being informed about the same, the bench directed the Registry to list both the pleas (Suneetha Narreddy’s and Gangi Reddy’s) on Friday. “If he challenged the correctness of this order, we’ll have to hear it. We’ll take it up day after,” Justice PS Narasimha added.
Although the HC on April 27 while cancelling his bail directed Gangi Reddy to surrender himself before the CBI probing the Vivekananda murder case by May 5, but said he would be remanded in judicial custody till June 30 following his surrender. The court directed the CBI to release him on July 1. Justice Chillakur Sumalatha of the Telangana High Court also said he can, however, secure bail from the trial court on furnishing a surety for Rs 1.5 lakh.
Notably, a bench led by Chief Justice of India DY Chandrachud, while issuing notice in the plea last week had expressed anguish with regard to the order passed by the HC. He had said, “While cancelling the bail, the HC says that I’m cancelling the bail but he will be released on 30th.”
NEW DELHI: The Supreme Court on Wednesday questioned the Telangana HC’s unusual order of cancelling the bail of T Gangi Reddy, prime accused in the murder of former minister YS Vivekananda Reddy in 2019, and also granting him bail in the same order.
“How can the court pass an order to cancel the bail to a murder accused and then order the release of the accused on bail in the same order. The High Court has cancelled the bail. The accused may apply for regular bail. But how can the last portion of the order be passed after cancelling bail,” a bench of Justices PS Narasimha and Pankaj Mithal remarked, while considering a plea filed by YS Vivekananda Reddy’s daughter Suneetha Narreddy challenging the Telangana HC’s April 27 order.
Supporting Suneetha’s plea, ASG Sanjay Jain for CBI said the HC’s order was 8th marvel in bail jurisprudence. He also said, “This kind of order is itself an 8th marvel in bail jurisprudence and we have never heard of. The order, which cancels the bail, allows the bail. It is inherently contradictory and annihilates the whole order.” googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
For Gangi Reddy, senior advocate Dana Naidu told the court that Gangi Reddy had appeared before the CBI 100 times. “He did get default bail, once the CBI took over the investigation,” he said. He also told the court that Gangi Reddy had also challenged the HC’s order of cancelling the bail, which was granted by a court in Pulivendula of Kadapa district. On being informed about the same, the bench directed the Registry to list both the pleas (Suneetha Narreddy’s and Gangi Reddy’s) on Friday. “If he challenged the correctness of this order, we’ll have to hear it. We’ll take it up day after,” Justice PS Narasimha added.
Although the HC on April 27 while cancelling his bail directed Gangi Reddy to surrender himself before the CBI probing the Vivekananda murder case by May 5, but said he would be remanded in judicial custody till June 30 following his surrender. The court directed the CBI to release him on July 1. Justice Chillakur Sumalatha of the Telangana High Court also said he can, however, secure bail from the trial court on furnishing a surety for Rs 1.5 lakh.
Notably, a bench led by Chief Justice of India DY Chandrachud, while issuing notice in the plea last week had expressed anguish with regard to the order passed by the HC. He had said, “While cancelling the bail, the HC says that I’m cancelling the bail but he will be released on 30th.”
