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july 2011

Supreme Court of India · 2011-07-06

Jahid Shaikh & Ors vs State Of Gujarat & Anr

Citation / case number
AIR 2011 SC (CRIMINAL) 1766
Court
Supreme Court of India
Petitioner
Jahid Shaikh & Ors
Respondent
State Of Gujarat & Anr
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court, while adjudicating the Transfer Petition under Section 406 of the Code of Criminal Procedure, emphasized the necessity of a fair trial, citing Section 207 Cr.P.C. which mandates the provision of essential documents to the accused. The Court found that the local authorities' conduct created a reasonable apprehension of bias against the accused, warranting the transfer of the trial outside Gujarat to ensure impartiality. Consequently, the Court ordered the transfer of Sessions Case No.38 of 2009 to a different state.

Jahid Shaikh & Ors vs State Of Gujarat & Anr · Niyam