PRABHA SURANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) When the bail application was moved before us on 10/1/2023, the petitioner was already in custody for 135 days. Investigation was over and charge sheet had been filed. Although, further investigation was contemplated, but any supplementary charge sheet had not been submitted. One co-accused had been granted bail. A special leave petition challenging that bail order SLP (Criminal) Diary No. 33282 of 2022 (Amita Dani and Ors. vs. Shubhika Surana and Anr.), filed by the de-facto complainant was dismissed by the Supreme Court on 31/10/2022.

(2.) On these facts on 10/1/2023 we granted bail to the petitioner. The State of West Bengal was not happy with this order. In fact, they felt aggrieved. They moved the Supreme Court with a special leave petition (Crl.) No. 1981 of 2023. Its appeal was allowed. The Supreme Court passed the following order on 3/3/2023, remanding the matter back to us after setting aside our order:

(3.) Human liberty is most valuable to every civilized human being. Liberty includes the right and opportunity to free movement without unreasonable restrictions, the freedom to talk, to be talked to, to write, to be written to, to express views, be influenced by expression of views, to work, eat, rest, play, recreate and do activities becoming of a civilized human being, without interference from anybody or unreasonable interference from any state authority.