Supreme Court: The 3-judge bench of BR Gavai, AS Bopanna and Dipankar Datta, JJ., granted regular bail to Civil rights activist Teesta Atul Setalvad in respect of First Information Report (‘FIR’) for offences punishable under Sections 468, 469, 471, 194, 211, 218 and 120-B of the Penal Code, 1860 (‘IPC’) for fabricating evidence in the 2002 Godhra riots.
Background
An FIR was registered against the then Deputy Inspector General of Police (‘DIG’) Sanjiv Bhatt, R.B. Sreekumar retired IAS and Teesta Setalvad, wherein it was stated that they had conspired to abuse the process of law by fabricating false evidence to make several persons to be convicted for an offence that is punishable with capital punishment and thereby committed an offence punishable under Section 194 of the IPC. It was also alleged in the FIR that they intended to cause injury with false and malicious criminal proceedings against innocent persons which is an act punishable under Section 211 of the IPC. Teesta had preferred an application under Section 439 of the Cr.P.C seeking bail before the City Civil and Sessions Court at Ahmedabad, however, the said application for bail was rejected. Subsequently, she was granted an interim bail by the Supreme Court on 02-09-2022. While passing the said interim bail order, the Supreme Court had observed that the pending application before the Court shall be considered by the High Court independently and uninfluenced by any of the observations made by the Supreme Court.
Also Read: [2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad
Thereafter, the Gujarat High Court after considering the gravity of the offences had dismissed Teesta’s application for regular bail and had directed her to surrender immediately. The Court had also rejected the request to stay of the said order for a period of thirty days.
The Court in a late-night hearing against the Gujarat High Court’s order had stayed the High Court’s order rejecting Teesta’s plea for regular bail for a period of one week.
Also Read: Saturday Night Hearing in Teesta Setalvad case: Supreme Court stays Gujarat HC order for 7 days
Court’s Order
The Court granted regular bail to Teesta and quashed the Gujarat High Court’s order wherein her bail plea was rejected.
[Teesta Atul Setalvad v. State of Gujarat, 2023 SCC OnLine SC 860, Order Dated: 19-07-2023]
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