SC defers AP's plea against bail to CM Chandrababu Naidu in skill development case

A bench of Justices Bela M Trivedi an S C Sharma deferred the matter after senior advocate Mukul Rohatgi, appearing for the state government, sought the adjournment. "There is no point in adjourning the matter from time to time. By way of a last opportunity list in the second week of January," the bench said. Seeking a direction to set aside the bail, the state government called Naidu an "influential person" alleging he ensured that two of his key associates (including a government servant) flee the country.

"The accused is therefore clearly obstructing the conduct of the investigation and, therefore, ought not to be granted bail," its plea stated. On November 20, 2023 the Andhra Pradesh High Court granted bail to Naidu while noting the discretion to grant bail should be exercised judiciously in a "humane and compassionate" manner. The state government, in its appeal, said the high court in its 39-page verdict not only conducted a "mini trial" but also "completely erred" in rendering findings completely contrary to the record. The appeal filed through advocate Mahfooz Ahsan Nazki said, "The state of Andhra Pradesh is constrained to file the present special leave petition against the impugned judgment dated November 20, 2023 passed by the High Court of Andhra Pradesh at Amaravati."

The plea further said, "The high court, in a bail matter, has delved deep into facts of the case and has rendered findings that are not only factually incorrect but are also likely to prejudice the court below during the trial." While referring to various apex court verdicts, the state government said the practice of a "detailed elaboration" of evidence in bail orders was repeatedly deprecated by the top court. "A bare perusal of the findings would reveal that the high court has exceeded its jurisdiction by conducting a mini trial and rendering findings on merits. This, it is most respectfully submitted, ought not to be allowed," it added. The high court converted Naidu's four-week interim medical bail into an absolute bail, ordering his release on account of his age, ailments, non-flight risk and other factors. It said the interim bail conditions, refraining him from making any public comments over the skill development corporation case or organising or participating in public rallies and meetings, would continue to be in force till November 28, and will be relaxed from November 29. The high court further directed Naidu to produce his medical reports to a special court in Vijayawada on or before November 28 instead of submitting it to the superintendent of Rajamahendravaram Central Prison. The high court, however, was not convinced by Naidu's claim that the case was politically motivated as a revenge by the incumbent government.

He was arrested on September 9 and released on interim medical bail on October 31 after being accused of misappropriating funds from the skill development corporation, resulting in a purported loss of over Rs 300 crore to the state exchequer.