M.Y. Eqbal JUDGMENT
P. Sathasivam, J.
1. Leave granted.
2. This appeal is directed against the final judgment and order dated 08.10.2012 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Petition No. 6732 of 2012 in R.C. 19(A)/2011-CBI-Hyderabad, whereby the High Court dismissed the petition filed by the Appellant herein for grant of bail.
3. The only question posed for consideration is whether the Appellant-herein has made out a case for bail.
Brief facts:
4. 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 Central Bureau of Investigation (in short "the CBI"), Hyderabad, registered a case being R.C. No. 19(A)/2011-CBI-Hyderabad dated 17.08.2011 Under Section 120B read with Sections 420, 409 and 477A of the Indian Penal Code, 1860 (for short 'Indian Penal Code') and Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (in short "the PC Act") against Y.S. Jagan Mohan Reddy (A-1), Member of Parliament and 73 others.
5. The Appellant-Nimmagadda Prasad was named as an accused at Sl. No. 12 in the FIR dated 17.08.2011 (after the chargesheet was framed, he was arrayed as A-3 and hereinafter, he will be referred to as A-3). It is further seen that during the course of investigation, the Appellant was arrested on 15.05.2012 for his involvement and complicity in the case and presently, he is in judicial custody.
6. After filing two successive bail applications before the trial Court which ended in dismissal, the Appellant moved the High Court for enlarging him on bail on 06.09.2012 by filing Criminal Petition No. 6732 of 2012. The High Court, taking note of serious nature of the offence and having regard to personal and financial clout of the Appellant (A-3) and finding that it cannot be ruled out that witnesses cannot be influenced by A-3 in case he is released on bail at this stage and also taking note of the submission of the Special Public Prosecutor that the investigation of the case is still continuing even after filing of the charge sheet(s), by impugned order dated 08.10.2012, dismissed his bail application.
7. Heard Mr. Harish N. Salve, learned senior counsel for the Appellant and Mr. Ashok Bhan, learned senior counsel for the Respondent-CBI.
Contentions:
8. After taking us through the entire materials commencing from the filing of FIR dated 17.08.2011, contents of charge sheet dated 13.08.2012, orders of the trial Court rejecting the bail applications twice, the stand taken by the CBI before the trial Court and the High Court, Mr. Salve, learned senior counsel, vehemently contended that the Appellant is entitled to an order of bail from this Court. He also submitted that in view of the inconsistent stand taken by the CBI at every stage and taking no........