LexTEESTA ATUL SETALVAD versus STATE OF GUJARAT
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A B C D E F G H 1147 TEESTA ATUL SETALVAD v. STATE OF GUJARAT (Criminal Appeal No(s). 2022 of 2023) JULY 19, 2023 [B. R. GAVAI, A. S. BOPANNA AND DIPANKAR DATTA, JJ.] 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. Case Law Reference 2022 (9) SCALE 385 referred to Para 5 [1980] 3 SCR 15 referred to Para 22 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2022 of 2023. From the Judgment and Order dated 01.07.2023 of the High Court of Gujarat at Ahmedabad in CRLMA No. 14435 of 2022. Kapil Sibal, Chander Uday Singh, Mihir Thakore, Mihir Desai, Sr. Advs., Ms. Aparna Bhat, Ms. Karishma Maria, Nizam Pasha, Adit 1147 [2023] 10 S.C.R. 1147 : 2023 INSC 637 A B C D E F G H 1148 SUPREME COURT REPORTS [2023] 10 S.C.R. Subramaniam Pujari, Ms. Rupali Samuel, Rishabh Parikh, Ms. Bidya Mohanty, Ms. Sumedha Sarkar, Advs. for the Appellant. S.V. Raju, A.S.G., Rajat Nair, Ms. Swati Ghildiyal, Kanu Agrawal, Ms. Devyani Bhatt, Madhav Sinhal, Advs. for the Respondent. 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 express our appreciation for the indefatigable work done by the team of SIT officials in the challenging circumstances they had to face and yet, we find that they have come out with flying colours unscathed. At the end of the day, it appears to us that a coalesced effort of the disgruntled officials of the State of Gujarat alongwith others was to create sensation by making revelations which were false to their own knowledge. The falsity of their claims had been fully exposed by the SIT after a thorough investigation. Intriguingly, the present proceedings have been pursued for last 16 years (from submission of complaint dated 8.6.2006 running into 67 pages and then by filing protest petition dated 15.4.2013 running into 514 pages) including with the audacity to question the integrity of every functionary involved in the process of exposing the devious stratagem adopted (to borrow the submission of learned counsel for the SIT), to keep the pot boiling, obviously, for ulterior design. As a matter of fact, all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law.” 1 2022 (9) SCALE 385 A B C D E F G H 1149 6. Immediately on the next day i.e. on 25th June 2022, an FIR came to be registered for offences punishable under Sections 468, 469, 471, 194, 211, 218 and 120B of the Indian Penal Code, 1860 (for short “IPC”). The appellant came to be arrested on the same day after lodging of the FIR. On 26th June 2022, the appellant came to be produced before the learned Magistrate, who granted police remand for a period of seven days. After the completion of the police remand of seven days, the appellant was sent to judicial custody on 03rd July 2022. 7. Thereafter, the appellant filed an application for bail before the learned Trial Judge i.e. Sessions Judge. The said application was rejected vide order dated 3
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