The CBI on Wednesday told the Supreme Court that it has never heard of an order which cancels the bail but also allows the bail.
It supported a plea against the grant of bail to an accused in the murder of former Andhra Pradesh minister Y S Vivekananda Reddy.
“We have never heard of it that the order which cancels the bail, allows the bail. How is it possible," Additional Solicitor General Sanjay Jain for the CBI submitted before a vacation bench of Justices P S Narasimha and Pankaj Mithal.
He said the order, granting conditional bail to T Gangi Reddy alias Yerra Gangi Reddy, while allowing a plea for bail cancellation, is “inherently contradictory”.
Senior advocate Siddharth Luthra, appearing for Suneetha Narreddy daughter of the deceased A P minister, submitted that in a cancellation of bail, how can bail be granted?
Jain submitted that he is supporting Seneetha’s plea against the bail order and informed the bench that the investigating agency will file its counter affidavit by Thursday.
The top court said it will pass a balanced order.
Jain asked the court to fix the matter for hearing on Friday.
The top court referred to the last portion of the high court’s order, directing the trial court to enlarge the accused on bail on July 1 on his executing a personal bond of Rs 1 lakh with two sureties of the same amount each.
Jain said it annihilated the whole order.
The counsel, representing the accused, submitted that they have filed a plea challenging the order passed by the high court on April 27, cancelling the bail.
After hearing submissions, the top court said it will take up both matters together on May 26.
The court on May 18 had issued notices to the CBI and the accused on the plea against the high court order.
The Telangana High Court on April 27 cancelled the bail of Yerra Gangi Reddy, the prime accused in the murder case of former Andhra Pradesh minister Vivekananda Reddy. It directed him to surrender before the Central Bureau of Investigation (CBI) court by May 5. The court also clarified that if the accused failed to surrender, the CBI may arrest him.
It ruled that as the CBI is scheduled to complete the hearing on June 30, Gangi Reddy may be granted bail on July 1 on a personal bond of Rs 1 lakh. The Supreme Court had recently extended the deadline for completing the investigation into the sensational case till June 30.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy, was murdered at his residence in Pulivendula of Kadapa district on March 15, 2019, weeks before elections. The 68-year-old was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court hearing a petition of Suneetha Reddy, who raised suspicion about some relatives.
The Supreme Court subsequently transferred the case to Hyderabad while observing that doubts raised by Suneetha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.