Granting bail to Setalvad, a bench of justices BR Gavai, AS Bopanna and Dipankar Datta observed that the finding by the Gujarat High Court denying bail to Setalvad on the ground that she had not challenged the FIR and charge sheet filed in the case was "perverse". The bench remarked that if the said observation by the high court was to be accepted, then no bail plea can be decided pre-trial unless the chargesheet is challenged.
