Keywords: Supreme Court, Teesta Setalvad, FIR, Bail Applications
The Supreme Court granted bail to renowned human rights activist Teesta Setalvad while observing that the accused’s failure to file a petition for quashing the FIR or chargesheet should not be considered as a relevant factor in deciding bail applications. In a unanimous verdict, the bench comprising Justices BR Gavai, AS Bopanna, and Dipankar Datta dealt a decisive blow to the Gujarat High Court’s order, quashing its denial of bail to the accused.[1]
The Apex Court took specific note of the observation made by the High Court judge, stating that since Teesta Setalvad had not challenged the filing of the FIR or chargesheet under Section 482 of the Code of Criminal Procedure (CrPC) or under Articles 226 or 32 of the Constitution, she could not argue that a prima facie case was not made out against her. The Supreme Court termed this observation by the judge as ‘perverse’ and rejected the notion that no bail application could be entertained at a pre-trial stage unless the accused filed an application for quashing the proceedings.
The Supreme Court emphasized that while considering bail applications, the factors to be taken into consideration are the existence of a prima facie case, the possibility of the accused tampering with evidence or influencing witnesses, and the possibility of the accused evading justice. Custodial interrogation was deemed unnecessary in Teesta Setalvad’s case, as the chargesheet had already been filed.
Teesta Setalvad’s bail application was rejected by the Gujarat High Court on July 1, with the order to surrender immediately. However, the Supreme Court stayed this order on the same day, granting her interim relief. On July 19, the Apex Court granted her bail, quashing the Gujarat High Court’s order and labeling its observations as “perverse” and “contradictory.”[2]
Teesta Atul Setalvad’s case has garnered widespread attention, given her prominent role in advocating for human rights causes. The Supreme Court’s ruling reaffirms the principles of justice and the importance of considering relevant factors while deciding on bail applications. The condition of not influencing or intimidating witnesses has been imposed as part of her bail.
Written by- Ananya Upadhye, College name – ILS Law College, Semester- 6th an intern under Legal Vidhiya
[1] https://www.livelaw.in/top-stories/supreme-court-bail-cant-be-denied-accused-hasnt-filed-application-quash-firchargesheet-233399?infinitescroll=1
[2] Teesta Salvad v State of Gujarat
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