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Synopsis

The Gujarat High Court on Monday while exercising its discretion enlarged former DGP R.B. Sreekumar on bail for a further period of 10 days on the same terms and conditions on which he was earlier granted interim bail.

The application for bail was filed under Section 439 of CrPC. Sreekumar is allegedly an accused of the offences of forgery for the purposes of cheating, and using forged documents (Section 468, 471 IPC), fabricating false evidence (Section 194 IPC), instituting false charges (Section 211 IPC), framing incorrect records intentionally as a public servant (Section 218 IPC) and criminal conspiracy (Section 120B IPC).

In his plea, he submitted that he had not misused his liberty, and considering his age, he should be granted an interim bail for a period of 3 weeks or should be provided an extension to his earlier bail. Furthermore, he informed the Court that the matter pertaining to regular bail is pending before the City Sessions Court.

While the interim bail was vehemently objected by the State on the ground that there were no proceedings pending before the high court and therefore, the question did not arise either to grant interim bail or to extend the earlier order of interim bail; resultantly, no case is made out to exercise discretionary power.

The bench while considering the fact that Sreekumar was granted an interim bail till 15-11-2022, and that during his tenure he did not misuse the liberty, extended the period of interim bail.

“In such circumstances, when his regular bail application is pending before the Sessions Court, which is kept for order and considering the peculiar facts and circumstances of the present case, I am inclined to exercise discretion enlarging the applicant on interim bail for a further period of 10 days on the same terms and conditions”, Justice Ilesh J. Vora opined.

Background:

The matter pertains to the plea where Sreekumar, Teesta Setalvad, and Sanjiv Bhatt were the co-petitioners challenging the clean chit given to then Chief Minister Narendra Modi in the 2002 Gujarat riots case. Based on a complaint by police inspector DB Barad, they were taken into custody. The complaint was filed against Sreekumar, Sanjiv Bhatt and Setalvad leveling allegations of forgery, criminal conspiracy and other offences under Indian Penal Code. An ATS team reached Setalvad’s Mumbai residence in the afternoon the same day and thereupon took her to Santacruz police station.