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The bench said that since the essential custodial interrogation is complete, the matter of interim bail should have been heard, and noted that her bail plea is still pending before the Gujarat High Court.Teesta had moved the apex court after the Gujarat High Court made a long adjournment on her bail plea while not passing any order of interim bail. “We grant Teesta Setalvad interim bail,” the bench said. The Supreme Court also made it clear that the high court will decide her regular bail plea without being influenced by its order.
During the hearing, Solicitor General Tushar Mehta, representing the Gujarat government, urged the apex court not to set a “very bad precedent” by giving extraordinary treatment to Setalvad, when the high court is already seized of the case. The top court noted that she has been in custody since June 25 and the investigating machinery had the advantage of her custodial interrogation of seven days followed by judicial custody.
On Thursday, the Supreme Court had expressed concern that the Gujarat High Court, on the bail plea of Setalvad, issued a notice returnable by six weeks and asked the Gujarat government to bring on record the details of the cases where in a matter involving a lady, the high court gave such a long adjournment.