Teesta Atul Setalvad vs State of Gujarat

Court

Supreme Court of India

Date

19 July 2023

Case No.

Criminal Appeal No(s). 2022 of 2023

Result

Allowed

Bench

Bhushan Ramkrishna Gavai, A.S. Bopanna, Dipankar Datta

Citation

[2023] 10 S.C.R. 1147 : 2023 INSC 637

Headnote

Bail– Appellant was on interim bail on account of order dtd. 02.09.2022 passed by Supreme Court – By the impugned order, High Court rejected the bail application filed by the appellant and directed the appellant to surrender immediately – Legality of – Held: There was no alarming urgency to direct the appellant to surrender immediately when she was enjoying the interim protection under the orders of Supreme Court – The considerations which were available when the order dtd.02.09.2022 was passed are still available even at this stage – Most of the evidence in the present case are documentary evidence already in possession of the Investigating Agency and the charge-sheet has been filed – Appellant entitled for bail – Impugned order quashed and set aside – Appellant would not make any attempt to influence the witnesses and shall remain away from them – Penal Code, 1860 – ss.468, 469, 471, 194, 211, 218 and 120B.

Zakia Ahsan Jafri v. State of Gujarat and another 2022

(9) SCALE 385; Niranjan Singh and Another v. Prabhakar Rajaram Kharote and Others (1980) 2 SCC

559 : [1980] 3 SCR 15 – referred to.

The Judgment of the Court was delivered by B. R. GAVAI, J. 1. Leave granted. 2. The appeal is taken up for final hearing. 3. The appeal challenges the judgment and order dated 1st July 2023, passed by the learned Single Judge of the High Court of Gujarat, thereby rejecting the bail application filed by the present appellant. 4. The facts in the present matter are not in dispute. 5. A judgment came to be delivered by this Court, on 24th June 2022, in the case of Zakia Ahsan Jafri v. State of Gujarat and another1, wherein at paragraph 88, this Court observed thus:“88. While parting, we exp

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