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Supreme Court of India · 2009-03-06

IZHARUL HAQ ABDUL HAMID SHAIKH vs STATE OF GUJARAT

Citation / case number
SC 2008/9752
Court
Supreme Court of India
Petitioner
IZHARUL HAQ ABDUL HAMID SHAIKH
Respondent
STATE OF GUJARAT
Author
ALTAMAS KABIR

Judgment text excerpt

The Supreme Court addressed the bail applications under Section 439 Cr.P.C. and Section 20(8) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA), in three criminal appeals concerning charges under various sections of the IPC and TADA. The Court noted that the appellants had been in custody for over three years, with the minimum sentence under TADA being five years, and highlighted that previous acquittals of co-accused indicated weaknesses in the prosecution's case. Ultimately, the Court upheld the rejection of bail, emphasizing the gravity of the charges and the ongoing nature of the trial.

IZHARUL HAQ ABDUL HAMID SHAIKH vs STATE OF GUJARAT · Niyam