Case: C.B.I Vs. V.Vijay Sai Reddy

On the orders of the High Court of Andhra Pradesh in Writ Petition Nos. 794, 6604 and 6979 of 2011 dated 10.08.2011, the CBI, Hyderabad, on 17.08.2011, registered a case being R.C. No. 19(A)/2011-CBI-Hyderabad dated 17.05.2011 under Sections 120-B read with Sections 409, 420 and 477-A of the Indian Penal Code, 1860 (in shortand Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (in shortagainst Y.S. Jaganmohan Reddy (A-1), Member of Parliament and 73 others.(b) V. Vijay Sai Reddy-the respondent herein was named as an accused at Sl. No. 2 in the FIR dated 17.08.2011 (after the chargesheet was framed, he was arrayed as A-2 and hereinafter, he will be referred to as A-2). The respondent herein was the founder Director of M/s Jagathi Publications and was the Financial Advisor for the group of companies of Y.S. Jagan Mohan Reddy (A-1).(c) He was arrested on 02.01.2012 and was in police custody from 04.01.2012 to 09.01.2012 and again from 11.01.2012 to 17.01.2012. On 27.01.2012, he filed an application for grant of regular bail under Section 437 of the Code of Criminal Procedure, 1973 (in short ‘thebefore the Court of the Special Judge for CBI Cases at Hyderabad. The Special Judge, by order dated 21.03.2012, dismissed his application for bail.(d) During investigation, it was revealed that M/s Jagathi Publications Pvt. Ltd. was originally incorporated as a private limited company on 14.11.2006 and later converted into a public limited company on 12.01.2009.At the relevant time, the respondent herein was the founder Director of the Company and Y.S. Jagan Mohan Reddy (A-1) was designated as the Authorised Signatory to operate the Bank accounts of the Company. He was appointed as a Director and Chairman with effect from 21.06.2007. It is alleged that A-1 floated M/s Jagathi Publications Pvt. Ltd. with an objective of conducting media business with the ill-gotten wealth. Most of the shareholders were alleged to be the benamis of Y.S. Jagan Mohan Reddy (A-1). Further, as a quid pro quo to these investments, the benefits were received by various investors including the companies/individuals from the decisions of the State Government in allotment of lands for Special Economic Zones (SEZs), contracts for irrigation projects, special relaxations/permissions for real estate ventures, mines etc. It is further revealed that Y.S. Jaganmohan Reddy (A-1) laundered the bribe money by routing it through various individuals and companies and getting investments made by them in his companies at a high premium.(e) After investigation, on 31.03.2012, the CBI filed first charge sheet against A-1 to A-13 including the respondent herein under Section 120-B read with Sections 409, 420 and 477-A of the IPC and Sections 13(2) read with Section 13(1)(c) and (d) of the PC Act in the Court of Special Judge for CBI Cases, Hyderabad. On 02.04.2012, A-2 filed another application for grant of bail before the Special Judge. By order dated 13.04.2012, the Special Judge granted bail to A-2.(f) Being aggrieved by the order dated 13.04.2012, the CBI filed Criminal Petition No. 3712 of 2012 before the High Court. The High Court, by order dated 20.04.2012, set aside the order dated 13.04.2012 and remanded the matter to the Court of Special Judge to consider the case of A-2 afresh. In the meantime, the Principal Special Judge for CBI Cases, Hyderabad took cognizance of the charge sheet dated 31.03.2012 against A-1 to A-13 which was numbered as CC No. 8 of 2012. On 30.04.2012, after hearing both the sides afresh in Criminal Misc. Petition No. 715 of 2012 for grant of bail, the very same Special Judge, who passed the earlier order dated 13.04.2012, granted bail to A-2.(g) Aggrieved by the order dated 30.04.2012, the CBI filed Criminal Petition No. 4387 of 2012 before the High Court for cancellation of bail granted to A-2. In the meantime, the CBI filed third chargesheet with respect to the investment made by M/s Ramky Group of Companies. On 29.05.2012 and 30.05.2012, the Principal Special Judge for CBI Cases took cognizance of second and third chargesheet(s) which were numbered as CC Nos. 9 and 10 of 2012 respectively.(h) The High Court, by order dated 13.06.2012, dismissed the petition filed by the CBI.(i) Being aggrieved by the order of the High Court, the CBI-the appellant herein has preferred this appeal by way of special leave.

Reasoning:
It is true that the Special Judge while granting bail imposed certain conditions and the High Court has also added some more additional conditions, however, taking note of few instances in which how the respondent has acted, it cannot be possible for the investigating agency to collect the remaining materials for the remaining three charge sheets to be filed. In such circumstances, we are satisfied firstly the Special Court took irrelevant materials for consideration for grant of bail and secondly, the High Court having arrived definite conclusion that several findings of Special court are unacceptable or irrelevant but ultimately affirmed the very same order of the special Judge grantingthe light of the above discussion, we are of the view that the special Judge committed an error in granting bail and the same was erroneously affirmed by the High Court.32) Taking note of all the aspects discussed above, without expressing any opinion on the merits, we set aside both the orders of the Special Judge and the High Court granting bail to A-2 and allow the appeal filed by the CBI with a direction to complete all the investigation relating to the remaining three charge sheets and file appropriate report before the trial Court within a period of four months from today. Thereafter, the respondent herein is free to renew his prayer for bail before the trial Court and if any such petition is filed, the trial Court is free to consider the prayer for bail independently on its own merits without being influenced by the present appeal. During the course of hearing, it is brought to our notice that the marriage of the daughter of the respondent has been fixed for 26.05.2013. Taking note of the said aspect, we direct the respondent herein to surrender on or before 5-6-2013 before the Special Court for being sent to the custody.