Full Judgment Text
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
th
Court of Andhra Pradesh on 20 August, 2010.
Against that order, appeals were filed before this
Court by the Central Bureau of Investigation,
th
Hyderabad. This Court by order dated 26 October,
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2010, cancelled the bail granted by the High Court
and requested the Trial Court to conclude the trial
st
of these cases on or before 31 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
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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
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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.