Supreme Court of India
Byrraju Ramaa Raju vs State Tr.C.B.I on 4 November, 2011
Equivalent citations: AIR 2012 SUPREME COURT 505, 2012 (1) SCC 576, 2012 AIR SCW 437, AIR 2012 SC (CRIMINAL) 247, (2012) 1 KCCR 25.1, (2012) 113 ALLINDCAS 270 (SC), 2012 (113) ALLINDCAS 270, 2012 (77) ALLCRIC 675.2, 2012 (1) SCC(CRI) 507, 2011 (13) SCALE 74, (2012) 1 UC 327, (2011) 4 CURCRIR 310, (2011) 13 SCALE 74, (2012) 77 ALLCRIC 675(2), (2012) 2 RECCRIR 208, (2011) 4 DLT(CRL) 710, 2012 (1) ALD(CRL) 802
Bench: Dipak Misra, Dalveer Bhandari
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.