Supreme Court Grants Interim Bail to Teesta Setalvad: “Possession of Documentary Evidence and Completed Investigation” Key Factors, says the Bench*

Supreme Court of India granted interim bail to Teesta Atul Setalvad in Criminal Appeal No(s). 2022/2023 (@ SLP (CRL) NO.8503/2023), challenging the High Court of Gujarat’s judgment that rejected her bail application. The Bench, comprising Hon’ble Mr. Justice B.R. Gavai, Hon’ble Mr. Justice A.S. Bopanna, and Hon’ble Mr. Justice Dipankar Datta, passed the verdict on July 19, 2023.

The Court emphasized that the possession of documentary evidence by the Investigating Agency and the completion of essential ingredients of the investigation were key factors in granting interim bail. The Bench noted that the alleged offences dated back to the year 2002, and the documentary evidence relied upon pertained to documents presented or used until the year 2012.

Court stated that “the essential ingredients of the investigation, including the custodial interrogation, had been completed,” making the relief of interim bail justifiable. The Court also took into consideration that the appellant was a lady and had been in custody since June 2022.

The Bench further clarified that the concern of the prosecution regarding the possibility of witness tampering could be addressed by directing the appellant not to make any attempt to influence witnesses. It emphasized that the observations made in the impugned order and their order would not influence the trial court at the stage of the trial.

The ruling reflects the Court’s cautious approach in not engaging in detailed elaboration of evidence at the pre-trial stage. The Bench refrained from delving into the issues raised in previous judgments and focused on the specific factors relevant to granting interim bail.

The Court’s decision comes after thorough consideration of the case, respecting the principles of judicial propriety and weighing the gravity of the offences. This landmark ruling has set a precedent for considering documentary evidence and completed investigation as crucial factors in determining interim bail applications in criminal cases.

The appellant’s advocate, Shri Kapil Sibal, expressed satisfaction with the judgment, stating, “The Court’s approach in assessing the possession of documentary evidence and the completion of investigation at the pre-trial stage is commendable. We are pleased with the decision to grant interim bail to our client.

On the other hand, Shri S.V. Raju, representing the State of Gujarat, argued that the appellant’s alleged attempt to implicate innocent citizens in serious offences warranted denial of bail. He maintained that the gravity of the offence and the potential to destabilize a democratically elected government should be significant considerations in bail applications.

Date of Decision: July 19, 2023

TEESTA ATUL SETALVAD vs STATE OF GUJARAT