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Social activist Teesta Setalvad and her husband Javed Anand were granted anticipatory bail by the Gujarat High Court in the Rs 1.4 crore alleged fund embezzlement case which was related to their NGO Sabrang Trust.
Justice J.B.Pardiwala in relation to their reputation has observed that "There is nothing to do with the reputation of the applicants in the society as well as being renowned journalists and social activists when there is a criminal charge of defalcation and misappropriation of the amount of grant. The grant of anticipatory bail being extraordinary in character, only in exceptional cases such a prayer should be favorably considered where it appears that the applicants are falsely implicated or a frivolous case has been launched with a motive to harass them or tarnish their image or reputation and the cases of the like nature."
Just because arrest will put their reputation in stake anticipatory bail should not be granted, it is the prima facie material that should be accorded weight.
Court stated that, "Thus, when a prima facie case is made out from the materials on record relating to the commission of non- bailable offenses and there is no material in the record to show or suggest that a false case has been foisted or that the authorities concerned and the Investigating Agencies are vindictive or acting with mala fide, the prayer of the applicants for anticipatory bail cannot and should not be favourably considered merely on the ground that, if arrested, their reputation will be at stake."
Both the duo has thus filed an application and got appeared before the Investigating officer for further investigation. They have released on each furnishing a personal bond of Rs.1 lakh with one surety each of the like amount.
Raees Khan Pathan, a former aide of Setalvad has filed the FIR against the couple. He alleged that they had misused the funds to pay witnesses to make a false deposition in some of the post-Godhra riot cases of 2002.
The Gujarat Police in its earlier submission had said that the HRD Ministry had granted Rs 1.4 crore between 2010 and 2013 to their NGO for a scheme under the Sarva Shiksha Abhiyan. According to police, the couple had misused these funds, meant for education, for their "personal and political cause". This lead to them being booked under various provisions of the Indian Penal Code (IPC) and the Prevention of Corruption Act, 1988.
After lower court rejected their anticipatory bail, the couple moved to High Court. In their plea, they had also questioned Mr. Pathan's intention in filing the complaint. The court, however, refused to allow any such contentions, opining that there was prima facie material indicating that the applicants obtained the grant fraudulently.
As for the demand that their reputation be given some consideration, the court observed, "I am also not impressed by the submission that as the applicants are journalists and social activists and are recipient of prestigious awards, they should be granted anticipatory bail as their arrest may tarnish their reputation in the society, the prominence or the reputation of the applicants in the Society strenuously canvassed in this case should not be allowed to overshadow the considerations of prima facie case and the likelihood of the investigation being adversely affected by pre-arrest bail."
The court, however, opined that it needs to take a balanced view, respecting individual liberty while allowing the investigation to take its course simultaneously. The bail application was, therefore, allowed, with the court asserting that it was inclined to give them "one last chance" to join the investigation and cooperate with the Investigating Officer.
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