Supreme Court Grants YSRCP MP Krishnam Raju Time Extension To Furnish Personal Bond Of Rs 1 Lakh In Sedition Case

The extension was granted by a division bench of Justices Vineet Saran and Dinesh Maheshwari.  As per the May 21 order which granted him bail in the sedition case, he was required to furnish persona bond within 10 days from the date of the order.

Raju in his plea had submitted that a memo dated May 28, 2021 along with personal bond of Rs 1,00,000 executed on May 26, 2021 (wrongly typed as May 24, 2021) was filed before the Trial Court on May 28, 2021 and on the same day the appellant had also furnished 2 sureties on deposit of cash of Rs 2,00,000 and had also appeared before the Trial Court through virtual hearing.

"After clarifying the discrepancy regarding the date in the personal bond executed on May 26, 2021, a fresh memo dated May 31, 2021 along with original personal bond together with the certified copy of Top Court's order dated May 21, 2021 were filed before the Trial Court on May 31, 2021 and there was no communication from the Trial Court with regards to personal memo and personal bond," plea stated.

YSR Congress MP in his plea had averred that the original personal bond dated May 26, 2021 was filed before the Trial Court within the stipulated as ordered by Top Court along with memo dated May 31, 2021, however the original bond was missing from the Trial Court's record.

It had also been argued that there was no mistake or lapse on the his part in complying with the Top Court's order in furnishing a personal bond along with sureties and that the two sureties furnished on behalf of the Appellant were accepted by the Trial Court by order dated May 28, 2021 but the personal bond was not accepted and taken on record in view of the facts.

"Alleged lapses as observed by the Trial Court is neither wilful nor deliberate and has occurred under the circumstances which are totally beyond the Appellant's control. It is reiterated that there has been absolute compliance of the Hon'ble Court's order by the Applicant and hereby undertakes to continue to abide by the conditions imposed by this Hon'ble Court,"- excerpt from the plea.

The Apex Court on May 21, 2021, had granted bail to YSR Congress MP K. Raghu Rama Krishnam Raju from Andhra Pradesh, who was arrested by Guntur CID on May 14 for alleged sedition and promotion of communal hatred over his speeches.

A Bench of Justices Vineet Saran and BR Gavai had observed that custodial interrogation would not be required as all statements of Petitioner are on record. The bench had also taken note of the medical condition of the petitioner, having regard to the heart surgery undergone by him last year. The bench had also opined on the basis of the medical report from Army Hospital, Secunderabad, that possibilities of the petitioner's ill-treatment in custody cannot be ruled out.

However, the bench has imposed a condition that Raju should not give media interviews and make press statements during the period of investigation. He had to cooperate with the investigation and should not influence the witnesses. He should respond whenever he is called upon by the Investigating Officer. He shall be given at least 24 hrs notice by IO and had also directed for furnishing a to furnish a personal bond of Rupees one lakh and provide two securities of the like amount before the trial court within one week.

Background

Raju was arrested on May 14 on charges of sedition and promotion of communal hatred over his critical remarks against the ruling party in State of Andhra Pradesh and was taken to the Crime Investigation Department (CID) office in Guntur district.

On May 15, the Andhra Pradesh High Court had refused to entertain his bail application saying that he should approach the Sessions Court first.

On May 17, a Supreme Court Bench of Justices Vineet Saran and BR Gavai directed the MP to be taken to Army Hospital, Secunderabad for medical examination with respect to allegations of custodial torture. The order was passed after the Court took note of the fact that the Magistrate had noticed injuries on the feet of the MP and that he had undergone a heart surgery last year.

Case Title: Kanumuri Raghurama Krishnam Raju v. State of Andhra Pradesh & Ors