Supreme Court · 2008 INSC 1285 · Decided 11 November 2008
Gulam MOHD. @ Gulal Shaikh v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1285 · [2008] 15 S.C.R. 1039
- Case number
- CRIMINAL APPEAL No. 1770/2008
- Decided
- 11 November 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 439, 49; Arms Act
Headnote
' ~ Code of Criminal Procedure, 1973 - s.439 - Prevention ~ of Terrorism Act, 2002 - s.49 - Bail - Grant of- Confession purportedly recorded under s.32 of POTA - Bail applications c under the Acts - Rejected by trial Court - High Court affirming same - Correctness of - Held: Correct - for confirmation of the so called confessional statement, there was no plea that the same was obtained under pressure - It was claimed that there was retraction - D --( If in reality there was no confession, the question of any retraction did not arise. The applicant was facing trial for
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