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Supreme Court of India 2019-05-07 disposed

State by the Superintendent of Police, National Investigation Agency, Kochi vs Shakul Hameed

Bench: 2 — Rastogi

In Brief

Nine individuals, including the accused respondent, were involved in a terrorist conspiracy to recruit and facilitate travel to Syria to join ISIS/Daesh. The accused was arrested in 2017 and detained for 90 days, after which the Special Court extended detention for a further 90 days based on specific reasons submitted by the Public Prosecutor. The High Court set aside this extension order, finding non-compliance with statutory requirements, and granted statutory bail. The Supreme Court agreed that the reasons assigned met legal requirements but refused to disturb the bail order, considering changed circumstances including charge-sheet filing and bail grants to similarly-situated co-accused. The Court disposed of the appeal without interfering with bail while preserving prosecution's right to seek cancellation if circumstances warrant.

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Terrorism and Counter-Terrorism Unlawful Activities (Prevention) Act Detention and Bail National Investigation Agency Criminal Procedure Constitutional Rights

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