Supreme Court of India · 2009-03-06
Izharul Haq Abdul Hamid Shaikh & Anr vs State Of Gujarat
- Court
- Supreme Court of India
- Petitioner
- Izharul Haq Abdul Hamid Shaikh & Anr
- Respondent
- State Of Gujarat
- Author
- Altamas Kabir
- Bench
- Mukundakam Sharma, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the issue of bail under Section 20(8) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) in three criminal appeals. The Court held that the prolonged custody of the appellants, coupled with the lack of substantial evidence beyond retracted confessions and the acquittal of co-accused, warranted the grant of bail. The Court emphasized that the prosecution's failure to prove its case beyond reasonable doubt justified the appellants' release on bail pending trial.