Grounds of Bail declared by Supreme Court

TEESTA ENTITLED TO RELIEF ON FOUR GROUNDS of Bail declared by Supreme Court Latest news.

A Supreme Court bench comprising Justice UU Lalit and Justices S Ravindra Bhat and Sudhanshu Dhulia granted interim bail to Social Activist Teesta Setalvad in a case of forgery and criminal conspiracy pertaining to the 2002 Gujarat riots and directed that she be released on 3 September even as it left it to the trial court to decide on the bail conditions.

Setalvad and co-accused and former Director General of Police RB Sreekumar were taken into custody by Gujarat police on June 25 and a court sent them in judicial custody on July 2 after their police remand ended. The Ahmedabad crime branch registered a First Information Report against Setalvad, Sreekumar and jailed former IPS officer Sanjeev Bhatt a day after the Supreme Court dismissed a petition challenging the clean chit given by a special investigation team to then Gujarat Chief Minister Narendra Modi and others in the 2002 post-Godhra riots cases.

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Setalvad and other two were subsequently booked under Indian Penal Code sections 468, 471 (forgery), 194 (giving or fabricating false evidence with intent to procure conviction of capital offence), 211 (institute criminal proceedings to cause injury), 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture), and 120 (B) (criminal conspiracy).

The court said Teesta was entitled to relief on four grounds – she is a lady and has been in custody since June 25; the alleged offence was committed many years ago between 2002 and 2012; the investigating agency had advantage of interrogating her for seven days; and the HC ought to have considered her plea for interim bail.

The court brushed aside the strong opposition from the state government not to grant any relief to her and paved the way for Teesta to be freed for the time being. As the state government admitted that she was subjected to custodial interrogation for seven days, the court said she is entitled to interim bail but made it clear that the Gujarat high court should decide her regular bail plea without being influenced by its order.

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In conclusion, the rights to life and personal liberty are too important to be taken lightly. The Indian judicial and legal systems have repeatedly emphasized the significance of such fundamental human rights, including in cases involving the granting and withholding of bail. The courts must, however, exercise caution in cases where dishonest litigants or individuals misuse or abuse judicial tools, as such cases must be dealt with harshly. Law undoubtedly helps and supports the upright and cannot be used to further or carry out a fraud scheme. As the name implies, interim bail is a conditional form of protection for the interim and cannot be used as a means of completely avoiding the legal system.

You may refer to the Supreme Court order here.