Supreme Court · 2024 INSC 604 · Decided 13 August 2024
Jalaluddin Khan v. Union of India
- Court
- Supreme Court of India
- Citation
- 2024 INSC 604 · [2024] 8 S.C.R. 633
- Case number
- CRIMINAL APPEAL No. 3173/2024
- Decided
- 13 August 2024
- Bench
- ABHAY S. OKA, AUGUSTINE GEORGE MASIH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 121, 121A, 122; Constitution Article 21; UAPA Section 43D(5)
Headnote
Factors to be taken into consideration, under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, while deciding Bail Applications for offences falling under Chapters IV and VI of the Act. Bail is the Rule and jail is an exception - - Applicability of: Held: The Court while deciding an application of bail falling under the provisions of Section 43D (5) is not required to conduct a mini- trial - Only a prima facie case has to be established - The Court has to examine the material forming a part of the
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