HYDERABAD: The Andhra Pradesh High Court on Tuesday cancelled the bail granted by CBI special court to suspended IAS officer BP Acharya, accused number one in the APIIC-Emaar land scam. It ordered the accused to surrender before the trail court.
The High Court also dismissed the bail petition of Koneru Rajendra Prasad, accused number six in the case.
Justice KC Bhanu remarked that grant of bail by the lower court (on March 16) to the prime accused was a 'pervasive order' and liable to be set aside.
"How can you justify the lower court's order without giving any reason? Under what provisions and circumstances was he granted bail? Why Section 309 of CrPC is not applicable to the case?" the judge asked and told Acharya's counsel, "If you do like this then the investigation will be wiped out." With regard to CBI's failure to get sanction for Acharya's prosecution from the government, the Judge said it can be obtained by the time the trial commences.
Justice Bhanu said a (lower) court must apply its mind to the facts of the case before granting bail to an accused.
Besides, the lower court has not given any reason for granting the bail, he pointed out.
With regard to Koneru's bail petition, the Judge, while dismissing the petition, agreed with CBI's arguments opposing the bail on the grounds that the accused had indulged in misappropriation of funds to the tune of about `96 crore and violated the MoU by not taking the permission of APIIC with respect to sale of villas.