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may 2007

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.

AFZALKHAN @ BABU MURTUZAKHAN PATHAN vs STATE OF GUJARAT · Niyam