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CBI

This tag is associated with 17 posts

Nimmagadda Prasad …. bail whether the appellant-herein has made out a case for bail. – Unfortunately, in the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the fiber of the country’s economic structure. Incontrovertibly, economic offences have serious repercussions on the development of the country as a whole= It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. Taking note of all these aspects, without expressing any opinion on the merits of the case and also with regard to the claim of the CBI and the defence, we are of the opinion that the appellant cannot be released at this stage, however, we direct the CBI to complete the investigation and file charge sheet(s) as early as possible preferably within a period of four months from today. Thereafter, the appellant 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 dismissal of the present appeal. 30) With the above direction, the appeal is dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 728 OF 2013 (Arising out of S.L.P. (Crl.) No. 9706 of 2012) Nimmagadda Prasad …. Appellant(s) Versus Central Bureau of Investigation …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) Leave granted. 2) This appeal is directed … Continue reading

V. Vijay Sai Reddy- cancellation of bail granted to the respondent herein.= 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 granting bail. = While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.= It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words “reasonable grounds for believing” instead of “the evidence”= whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. 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. 33) The appeal is allowed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 729 OF 2013 (Arising out of SLP (Crl.) No. 5946 of 2012 Central Bureau of Investigation …. Appellant(s) Versus V. Vijay Sai Reddy …. Respondent(s) J U D G M E N T P. Sathasivam, J. 1) Leave granted. 2) This … Continue reading

Y.S. Jagan Mohan Reddy – whether the appellant-herein has made out a case for bail. = Though it is pointed out by learned senior counsel for the appellant that since the appellant is in no way connected with the persons in power, we are of the view that the apprehension raised by the CBI cannot be lightly ignored considering the claim that the appellant is the ultimate beneficiary and the prime conspirator in huge monetary transactions. = Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country.= Taking note of all these facts and the huge magnitude of the case and also the request of the CBI asking for further time for completion of the investigation in filing the charge sheet(s), without expressing any opinion on the merits, we are of the opinion that the release of the appellant at this stage may hamper the investigation. However, we direct the CBI to complete the investigation and file the charge sheet(s) within a period of 4 months from today. Thereafter, as observed in the earlier order dated 05.10.2012, the appellant 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 dismissal of the present appeal. 18) With the above observation, the appeal is dismissed.

Page 1     REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 730 OF 2013 (Arising out of S.L.P. (Crl.) No. 3404 of 2013) Y.S. Jagan Mohan Reddy …. Appellant(s) Versus Central Bureau of Investigation …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) Leave granted. 2) … Continue reading

INJUNCTION TO RESTRAIN TELECAST OF T.V. SERIAL TELECAST = the proposed telecast of the Episode Nos.214-215 of “CRIME PATROL DASTAK”, in which the dramatised version of “JBT TEACHERS RECRUITMENT SCAM” is to be broadcast,= once the trial has been completed and the Petitioners have been convicted and, thereafter, arrested, there is no further possibility of any bias against them at the time of hearing of the appeal. The contents of the trial and the ultimate judgment of conviction and sentence is now in the public domain and is available for anyone to see.= Without going into the question of the right of freedom of speech of the maker of the Television Episodes, we are convinced that no interference is called for with the order of the Division Bench of the High Court, setting aside the order of the learned Single Judge. However, in order to safeguard the interests of the Petitioners, we are also of the view that certain restrictions can be imposed at the time of the screening of the said Episodes. Accordingly, the Producers, Directors and Distributors and all those connected with the screening of the aforesaid Episodes on television, shall ensure that there is no direct similarity of the characters in the Serial with the Petitioners, who have been convicted in connection with the JBT Teachers Recruitment and had been sentenced to different periods of custody, and that steps are taken to protect their identity, as far as possible. 18. The Special Leave Petition is dismissed with the aforesaid observations.

  ‘ REPORTABLE   IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION   SPECIAL LEAVE PETITION(CIVIL) NO.9967 OF 2013   Vidya Dhar & Ors. Petitioners   Versus   Multi Screen Media Pvt. Ltd. Respondent   J U D G M E N T   ALTAMAS KABIR, C.J.I.   1. The three petitioners before … Continue reading

filing of the second FIR and fresh charge sheet is violative of fundamental rights under Article 14, 20 and 21 of the Constitution since the same relate to alleged offence in respect of which an FIR had already been filed and the court has taken cognizance. This Court categorically accepted the CBI’s plea that killing of Tulsiram Prajapati is a part of the same series of cognizable offence forming part of the first FIR and in spite of the fact that this Court directed the CBI to “take over” the investigation and did not grant the relief as prayed, namely, registration of fresh FIR, the present action of CBI filing fresh FIR is contrary to various judicial pronouncements which is demonstrated in the earlier part of our judgment. – In view of the above discussion and conclusion, the second FIR dated 29.04.2011 being RC No. 3(S)/2011/Mumbai filed by the CBI is contrary to the directions issued in judgment and order dated 08.04.2011 by this Court in Writ Petition (Criminal) No. 115 of 2009 and accordingly the same is quashed. As a consequence, the charge sheet filed on 04.09.2012, in pursuance of the second FIR, be treated as a supplementary charge sheet in the first FIR. It is made clear that we have not gone into the merits of the claim of both the parties and it is for the trial Court to decide the same in accordance with law. Consequently, Writ Petition (Criminal) No. 149 of 2012 is allowed. Since the said relief is applicable to all the persons arrayed as accused in the second FIR, no further direction is required in Writ Petition (Criminal) No. 5 of 2013.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 149 OF 2012 Amitbhai Anilchandra Shah …. Petitioner(s) Versus The Central Bureau of Investigation & Anr. …. Respondent(s) WITH WRIT PETITION (CRIMINAL) NO. 5 OF 2013 J U D G M E N T P. Sathasivam, J. 1) Amitbhai Anilchandra … Continue reading

whether the learned Special Judge for CBI Cases is empowered to refer the complaint under Section 156(3) Cr.P.C to the CBI for investigation?

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.8003 of 2010 05.10.2012 Central Bureau of Investigation, rep. by Superintendent of Police, Hyderabad Dr.G.Venkateshwar Rao S/o late G.Gopal Rao Naidu, Secunderbad Counsel for the petitioner: Sri P.Keshava Rao SC for CBI Cases Counsel for respondent : Sri K.Srinivasa Kumar <Gist: >Head Note: ?Cases referred: AIR 2001 … Continue reading

under Sections 242 and 311 Cr.P.C. for recall of prosecution witnesses No.1 and 2 for cross-examination.Discovery of the truth is the essential purpose of any trial or enquiry, observed a three-Judge Bench of this Court in Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria through LRs. 2012 (3) SCALE 550. A timely reminder of that solemn duty was given, in the following words: “What people expect is that the Court should discharge its obligation to find out where in fact the truth lies. Right from inception of the judicial system it has been accepted that discovery, vindication and establishment of truth are the main purposes underlying the existence of the courts of justice.” 16. We are conscious of the fact that recall of the witnesses is being directed nearly four years after they were examined in chief about an incident that is nearly seven years old. Delay takes a heavy toll on the human memory apart from breeding cynicism about the efficacy of the judicial system to decide cases within a reasonably foreseeable time period. To that extent the apprehension expressed by Mr. Rawal, that the prosecution may suffer prejudice on account of a belated recall, may not be wholly without any basis. Having said that, we are of the opinion that on a parity of reasoning and looking to the consequences of denial of opportunity to cross-examine the witnesses, we would prefer to err in favour of the appellant getting an opportunity rather than protecting the prosecution against a possible prejudice at his cost. Fairness of the trial is a virtue that is sacrosanct in our judicial system and no price is too heavy to protect that virtue. A possible prejudice to prosecution is not even a price, leave alone one that would justify denial of a fair opportunity to the accused to defend himself. 17. In the result, we allow these appeals, set aside the orders passed by the Trial Court as also the High Court and direct that the prosecution witnesses No.1 and 2 shall be recalled by the Trial Court and an opportunity to cross-examine the said witnesses afforded to the appellant. In fairness to the counsel for the appellant, we must record that he assured us that given an opportunity to examine the witnesses the needful shall be done on two dates of hearing, one each for each witness without causing any un-necessary delay or procrastination. The Trial Court shall endeavour to conclude the examination of the two witnesses expeditiously and without unnecessary delay.

REPORTABLE   IN THE SUPREME COURT OF INDIA   CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 874-875 OF 2012 (Arising out of S.L.P (Crl.) Nos.4286-87 OF 2011) P. Sanjeeva Rao …Appellant Versus The State of A.P. …Respondent   J U D G M E N T T.S. THAKUR, J. 1. Leave granted. 2. These appeals arise … Continue reading

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