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march 2009

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.

Izharul Haq Abdul Hamid Shaikh & Anr vs State Of Gujarat · Niyam