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Byrraju Ramaa Raju vs State Tr.C.B.I

Supreme Court4 November 2011Dipak Misra · Dalveer Bhandari

Ratio decidendi

The rule this decision rests on

Bail granted to an accused who has undergone actual sentence of two years and eight months in a criminal trial that is progressing with expedition, where the accused has undertaken not to examine witnesses given up by the prosecution and has covenanted to cooperate with the trial court and adhere to its time schedule, must be considered appropriate on the court's assessment of the totality of facts and circumstances, provided the accused furnishes personal bonds and sureties and complies with conditions including deposit of passport and undertakings not to influence the trial or investigation.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2012 OF 2011(Arising out of SLP(Crl.) No.7805/2011)

BYRRAJU RAMAA RAJU Appellant(s)

:VERSUS:

STATE THROUGH THE CENTRAL BUREAU Respondent(s) OF INVESTIGATION WITH

CRIMINAL APPEAL NO. 2013 OF 2011 (Arising out of SLP(Crl.) No.7907/2011)

VADLAMANI SRINIVAS Appellant(s)

:VERSUS:

STATE THROUGH THE CENTRAL BUREAU Respondent(s) OF INVESTIGATION

CRIMINAL APPEAL NO. 2014 OF 2011 (Arising out of SLP(Crl.) No.7954/2011)

BYRRAJU RAMALINGA RAJU Appellant(s)

:VERSUS:

STATE THROUGH THE CENTRAL BUREAU Respondent(s) OF INVESTIGATION

O R D E R

1. Leave granted in all the matters.

2. In these cases, bail was granted by the High

Court of Andhra Pradesh on 20th August, 2010.

Against that order, appeals were filed before this

Court by the Central Bureau of Investigation,

Hyderabad. This Court by order dated 26th October,

2

2010, cancelled the bail granted by the High Court

and requested the Trial Court to conclude the trial

of these cases on or before 31st July, 2011. In

pursunace to the directions of this Court, the Trial

Court has examined 226 prosecution witnesses.

Examination-in-Chief of 15 Investigating Officers is

complete, out of them, 8 Investigating Officers have

been fully cross-examined and the remaining

Investigating Officers have to be cross-examined.

3. We have heard the learned senior counsel

appearing on behalf of the appellants and the

learned Additional Solicitor General appearing for

the Central Bureau of Investigation.

4. Admittedly, the accused appellants have

already undergone actual sentence of two years and

eight months.

5. In pursuance to the directions of this Court,

the appellants have filed affidavits before this

Court stating therein that they would not examine

the witnesses given up by the prosecution. Learned

counsel appearing for the parties submitted that the

3

parties have cooperated with the Trial Court and

they would continue to do so. They have further

undertaken to strictly adhere to the time schedule

fixed by the Trial Court.

6. We once again request the Trial Court to

ensure that the trial of these cases is completed as

expeditiously as possible.

7. We have carefully considered totality of the

facts and circumstances of these cases. The accused-

appellants have already undergone actual sentence of

two years and eight months. In this view of the

matter, we deem it appropriate to release the

accused-appellants on bail on their furnishing

personal bonds for Rs.2 lakhs each with two solvent

sureties each in the like amount, to the

satisfaction of the Trial Court subject to the

following conditions:

(i) The accused-appellants shall deposit their

passports before the Trial Court if not already

seized or deposited.

(ii) The accused-appellants shall not influence the

trial either directly or indirectly and further

4

investigation in any manner.

(iii) In case the indulgence granted by this Court

is abused by the accused-appellants, the prosecution

would be at liberty to approach this Court for

cancellation of the bail granted to them.

8. With the aforementioned observations and

directions, these appeals and the criminal

miscellaneous petitions are disposed of.

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi;

November 4, 2011.

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