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Supreme Court of India 2019-05-07 disposed

STATE BY THE SUPERINTENDENT OF POLICE vs SHAKUL HAMMED

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

A man accused of attempting to join ISIS/Daesh as part of a terrorist conspiracy was arrested in 2017. When the 90-day initial detention period neared expiry, the prosecution sought 90 more days under terrorism law. The Special Court granted the extension, but the High Court set it aside, granting default bail. The Supreme Court held that the prosecution's report met legal requirements for detention, but declined to interfere with the bail because the charge-sheet had been filed, co-accused had received bail, and the accused had complied with bail conditions. The Court directed expedited trial completion and reserved the prosecution's right to seek bail cancellation if needed.

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Criminal Procedure Counter-terrorism Law Unlawful Activities Prevention Act Preventive Detention Bail National Investigation Agency

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