STATE THROUGH CENTRAL BUREAU OF INVESTIGATION Vs. T. GANGI REDDY @ YERRA GANGI REDDY

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 16/3/2022 passed by the High Court of Andhra Pradesh at Amravati in Criminal Petition No. 788 of 2022 by which the High Court has dismissed the said petition preferred by the appellant - Central Bureau of Investigation (C.B.I.) filed under Sec. 439(2) of the Code of Criminal Procedure (Cr.P.C.), to cancel the bail that was granted to the respondent herein - original Accused No. 1 and wherein the High Court has held that once the respondent No. 1 - Accused No. 1, was released on default bail under Sec. 167(2) Cr.P.C., thereafter it is not permissible to consider the case for cancellation of bail on merits, the Investigating Agency - C.B.I. has preferred the present appeal.

(2.) While considering the issue involved in the present appeal, namely, whether in a case where the accused is released on default bail thereafter, cancellation of the bail application can be considered on merits, the chronological dates and events are required to be referred to, which are as under:-

(3.) At this stage, it is required to be noted that in the meantime, the daughter and wife of the deceased filed a writ petition under Article 32 of the Constitution of India before this Court seeking transfer of the trial arising out of the present F.I.R. from C.B.I. Special Court, Kadapa, Andhra Pradesh to C.B.I. Special Court, Hyderabad or C.B.I. Special Court, New Delhi and also to direct the C.B.I. for duly completing the investigation in the aforesaid F.I.R. in the time bound manner. By a detailed judgment and order dtd. 29/11/2022, this Court has allowed the said writ petition on the allegations of tampering with the evidence and the witnesses and even pressurizing the C.B.I. Officers by filing false complaints against them.