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B. R. GAVAI, A. S. BOPANNA, DIPANKAR DATTA
Teesta Atul Setalvad – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard Mr. C.U. Singh, learned senior counsel appearing for the petitioner and Shri Tushar Mehta, learned Solicitor General of India appearing for the respondent/caveator.
2. This matter has come up before this Court since the Bench of two learned Judges of this Court, vide the order passed of even date, have differed on the question as to whether the petitioner was entitled to interim protection or not.
3. After the order was passed by the Division Bench, the Hon’ble the Chief Justice of India has constituted a Bench consisting three of us to decide the issue, on which the learned two Judges have differed.
4. This special leave petition challenges the order passed by the learned Single Judge of the High Court today at 11:00 a.m., rejecting the criminal miscellaneous application for grant of bail filed by the petitioner.
5. We are not inclined to go into the merits of the matter. At this stage, we are only concerned with that part of the order wherein the request made by the petitioner for stay of the order for a period of one month was rejected.
6. In ordinary circumstances, we would not have considered such a request. However, it is to be noted that after the FIR was register
Bail – A lady is entitled to special protection under Section 437 of Cr.P.C.
The court upheld the High Court's decision to reject the petitioner's request for interim protection, leading to the dissolution of the interim protection granted earlier.
The Supreme Court upheld the High Court's interim order, emphasizing that the appeal process must be respected and that stay applications may be renewed at the appropriate level.
Victim has statutory right to file separate special leave petition – She does not require any liberty from Court.
The Supreme Court declined to interfere with the High Court's exercise of discretion in refusing to grant bail in a criminal proceeding.
The Supreme Court emphasized the need for the High Court to expedite the disposal of pending applications under Article 226(3) of the Constitution, reinforcing the principle of timeliness in legal pr....
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