Supreme Court of India · 2007-05-17
AFZALKHAN @ BABU MURTUZAKHAN PATHAN vs STATE OF GUJARAT
- Citation / case number
- SC 2007/3657
- Court
- Supreme Court of India
- Petitioner
- AFZALKHAN @ BABU MURTUZAKHAN PATHAN
- Respondent
- STATE OF GUJARAT
- Author
- MARKANDEY KATJU S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the bail applications of the appellants charged under various sections of the Indian Penal Code, including Section 120B (criminal conspiracy) and Section 121 (waging war against the Government of India), as well as the Arms Act. The Court held that the absence of direct evidence linking the appellants to the alleged terrorist activities and the nature of the confessions obtained post-arrest raised significant doubts about the prosecution's case. Consequently, the Court granted bail to both appellants, emphasizing the need for a fair trial and the presumption of innocence until proven guilty.