Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application . 

If such a position was to be accepted, then no bail application be can be accepted unless the accused files an application for quashing the proceedings, the Apex Court had observed.

A bench comprising of Justices BR Gavai, AS Bopanna and Dipankar Datta, while quashing the Gujarat High Court's order denying her bail, took specific note of the observation of the judge that since she had not challenged the filing of the FIR or the chargesheet under Section 482 Cr.PC or under Article 226 or Article 32 of the Constitution, she could not contend that a prima facie case is not made out.

Terming this observation of the judge to be ‘perverse’ the Apex Court observed:

“If the observations, as recorded by the learned Judge, are to be accepted then no application for bail at a pre-trial stage could be entertained unless the accused files an application for quashing the proceedings under Section 482 Cr.P.C., or Articles 226 or 32 of the Constitution of India.

To say the least, such findings are totally perverse.”

The Court stated that the factors which are required to be taken into consideration at the stage of grant of bail are - (i) prima facie case, (ii) the possibility of the accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of the accused fleeing away from the hands of justice.

The Top Court held that custodial interrogation of the petitioner is not necessary since chargesheet in the case has already been filed. The Court quashed the Gujarat High Court's order and granted her bail subject to the condition that she should not attempt to influence or intimidate the witnesses.

It was on July 1 that the Gujarat High Court rejected her bail application and directed her to surrender immediately. On the same day itself, the Supreme Court stayed the order in a special 9 PM sitting on Saturday, July 1.

Subsequently, on 19th July Setalvad was granted bail by the Apex Court after quashing the Gujarat High Court's order denying her bail, terming the High Court's observations "perverse" and "contradictory".

Case Details: Teesta Atul Setalvad v. State of Gujarat | Special Leave Petition (Criminal) No. 8503 of 2023

Citation : 2023 LiveLaw (SC) 554;2023 INSC 637

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