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2023 (7) TMI 1383 - SUPREME COURTRejection of bail - influencing certain citizens to swear false affidavits, which were used as a part of investigation - HELD THAT:- The consideration which weighed with the Court while passing the aforesaid order that the appellant is a lady has not changed. The fact that the offence alleged against her relates to the year 2002 and that the FIR pertains to documents which are sought to be presented or relied upon till the year 2012 has also not changed. The fact that the appellant was available for custodial interrogation for a period of seven days and thereafter she was in continuous judicial custody has also not changed - Another factor that needs to be taken into consideration is that after she was released on interim bail by this Court, she has admittedly not been called for investigation even on a single occasion. Taking into consideration that most of the evidence in the present case are documentary evidence, which are already in possession of the Investigating Agency and, further, that the charge-sheet has been filed, it is found that she is entitled for bail. Another factor that needs to be taken into consideration is that at the time of pronouncing the impugned order, the learned Judge, though noticing that on account of order of this Court dated 2nd September 2022 passed in Criminal Appeal No. 1417 and 1418 of 2022 the appellant was on interim bail, directed her to surrender immediately - it is not understood to as to what was the alarming urgency to direct the appellant to surrender immediately, particularly, when the appellant was enjoying the interim protection under the orders of this Court from 2nd September 2022. The impugned order is quashed and set aside and the appeal is allowed - bail allowed.
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