Supreme Court · 2003 INSC 456 · Decided 8 September 2003
State of Gujarat v. Salimbhal Abdulgaffar Shaikh and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 456 · [2003] SUPP. 3 S.C.R. 414
- Case number
- CRIMINAL APPEAL No. 888/2003
- Decided
- 8 September 2003
- Bench
- S. RAJENDRA BABU, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 439, 482; Constitution Article 134(1)(c)
Headnote
Prevention of Terrorism Act, 2002-Sections 3(2); 3(3); 4; 34 and 49--0.ffences under the Act-Bail-Jurisdiction of High Court-Applications under Section 439 Cr. PC before High Court-Single Judge of High Court C allowing bail-Legality of-Held, order of High Court is without jurisdiction-Under the a bail application under Section 439 Cr.P.C.-The Act provides for an appeal before a Division Bench of High Court against an order of refasal or grant of bail passed by the Special Court-Existence D of an order of the Special Court is sine qua non for approaching the High Court-Code of
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