The Supreme Court of India granted bail to renowned human rights activist Teesta Setalvad, while simultaneously overturning the Gujarat High Court's order that denied her bail. The bench comprising of Justices BR Gavai, AS Bopanna, and Dipankar Datta deemed the High Court's observations "perverse" and "contradictory," leading to the quashing of its previous ruling.
The Supreme Court's ruling highlighted a crucial aspect of the law, stating that bail cannot be denied solely on the grounds that the accused did not file an application for quashing the First Information Report (FIR) or the Chargesheet under Section 482 of the Criminal Procedure Code (Cr.P.C.) or under Articles 226 or 32 of the Constitution of India.
The court explicitly pointed out that accepting such a position would lead to the preclusion of any bail application without the accused first filing for quashing the proceedings. This stance was firmly rejected as "totally perverse" by the Apex Court.
In its decision, the Supreme Court clarified the factors that ought to be taken into consideration when granting bail at the pre-trial stage. These factors include establishing a prima facie case against the accused, the possibility of tampering with evidence or influencing witnesses, and the likelihood of the accused fleeing from justice.
The Court further emphasized that custodial interrogation of Teesta Setalvad was unnecessary since the chargesheet in the case had already been filed. Hence, she was granted bail, subject to the condition that she refrains from attempting to influence or intimidate witnesses related to the case.
The sequence of events leading to this decision began on July 1, when the Gujarat High Court rejected Setalvad's bail application and ordered her immediate surrender. However, the same day, the Supreme Court intervened and stayed the order in a special 9 PM sitting.
Finally, on July 19, the Supreme Court granted bail to Teesta Setalvad by quashing the Gujarat High Court's previous order, which had denied her bail and made "perverse" observations.
Case Details:
Teesta Atul Setalvad v. State of Gujarat
Special Leave Petition (Criminal) No. 8503 of 2023
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