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.